harsh
02-21 01:35 PM
I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
Yes you will have to file a new amended petition for the part time work. You might have problem if you first file a concurrent full time H1 as you might be asked how will you work 80hrs a week? So you can file for a H1b "transfer" for the full time work and then file for a concurrent part-time H1b.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
Yes you will have to file a new amended petition for the part time work. You might have problem if you first file a concurrent full time H1 as you might be asked how will you work 80hrs a week? So you can file for a H1b "transfer" for the full time work and then file for a concurrent part-time H1b.
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vban2007
10-24 10:19 AM
This is a mad rush
indigo10
10-14 01:35 AM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
The new employer needs to apply new labor and I-140. However, You can keep your priority date based on your previously approved I-140.
In short, Your place in line is not changed but the process must start from beginning.
The new employer needs to apply new labor and I-140. However, You can keep your priority date based on your previously approved I-140.
In short, Your place in line is not changed but the process must start from beginning.
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gg_ny
06-22 10:11 AM
This is a general question: if service center processing time is current with
the 485 notice date and PD is retrogressed, what happens in this situation?
thanks.
the 485 notice date and PD is retrogressed, what happens in this situation?
thanks.
more...
nhfirefighter13
August 7th, 2004, 06:02 AM
Like I said....I messed this one up and really had no intention of over-exposing it.
You think it would be better if I darken it? Hmmmm. I'll give it a try. I was looking at it and thinking that the really bright highlights gave a sense of heat.
I'll give dark and moody a shot. Thanks.
You think it would be better if I darken it? Hmmmm. I'll give it a try. I was looking at it and thinking that the really bright highlights gave a sense of heat.
I'll give dark and moody a shot. Thanks.
humsuplou
11-16 06:29 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
more...
Blog Feeds
07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
2010 Review: Age of Zombies – So
24fps
02-26 10:06 PM
Revert back to my previous post, don't know why you're double posting a thread.
more...
desibechara
02-28 01:55 PM
L1 GC process is the best way to get Gc nowadays. within 6 months u can get it..I know someone(from India) who did.
you don't have to convert it to H1
DB
you don't have to convert it to H1
DB
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roshnichowdhry
10-04 09:41 PM
For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?
I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!
Thanks
Roshni
I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!
Thanks
Roshni
more...
sanjay
07-10 04:44 PM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
Instead of update, I request mod's to close this thread. Krupa, just browse this site and you will find more than 4 or 5 threads already open on this topic. Does it makes any sense opening a new thread for each and every doubt you get regarding VB? Let's keep this site clean with minimum threads else our site will go blogs way, with no content and no fizz.
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
Instead of update, I request mod's to close this thread. Krupa, just browse this site and you will find more than 4 or 5 threads already open on this topic. Does it makes any sense opening a new thread for each and every doubt you get regarding VB? Let's keep this site clean with minimum threads else our site will go blogs way, with no content and no fizz.
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murali3000
03-13 01:56 PM
I got soft LUD on my and my wife 485 on 02/10/2009
I called USCIS they said , it is an batch update - no information they can provide. I am not sure what it means.
Does any one else got soft LUD around this date ?
I called USCIS they said , it is an batch update - no information they can provide. I am not sure what it means.
Does any one else got soft LUD around this date ?
more...
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drona
09-07 02:54 PM
Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.
http://immigrationvoice.org/forum/showthread.php?t=12976
http://immigrationvoice.org/forum/showthread.php?t=12976
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eucalyptus.mp
04-30 04:04 PM
HI ,
MY H1 b is expiring on 30 Sep ,2009 .
My current client informed me that they are going to hire me as a fulltime , but it will take 2-3 months for them to hire me .
Should I ask my current employer to file H1 extention right now ?
Or I should wait for H1 trnsfer as a fulltime employee ?
Any suggestions ?
Thanks
MY H1 b is expiring on 30 Sep ,2009 .
My current client informed me that they are going to hire me as a fulltime , but it will take 2-3 months for them to hire me .
Should I ask my current employer to file H1 extention right now ?
Or I should wait for H1 trnsfer as a fulltime employee ?
Any suggestions ?
Thanks
more...
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rodnyb
02-03 06:50 PM
Visa statistics
Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
from 2000 looks like about 300K EB visa was wasted.
Also, you can see, EB1+Eb2ROW has s always been in the 50-70K range every year
EB1 I/C each is increasing from 3K to 6K, EB2 ROW is increasing from 10K to about 30K
Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
from 2000 looks like about 300K EB visa was wasted.
Also, you can see, EB1+Eb2ROW has s always been in the 50-70K range every year
EB1 I/C each is increasing from 3K to 6K, EB2 ROW is increasing from 10K to about 30K
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ImmigrationAnswerMan
06-29 10:04 PM
Tharu:
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
more...
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watzgc
11-05 10:36 PM
thanks wand maker...
girlfriend A mob of zombies is
rockstart
11-18 01:53 PM
Most of these employers have a standard templates for H1 application and all they do is FIND & REPLACE to modify it to suit each individual applicant. In my case the person who was modifying it for me changed my Name in most places except one place where it was still saying the name of some other person. So the application was like this
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
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nid
06-13 10:15 AM
Thanks!
What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?
What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?
Dhundhun
03-27 07:35 PM
:)LOL:)
Wait for GC is a lifestyle.
Wait for GC is a lifestyle.
sagittariusarm
02-12 07:27 AM
My wife met with a very minor accident and it was her first accident. It was an on a unattended car. The back bumper of the car got scratched, The main mistake she did was , she did not leave a note and she came home, she basically panicked. She called me and I told her to go back and call police by that time, somebody complained to police and police came home and issued citation. According to Florida statues this is a criminal violation.
The following is the detail of the citation.
Crash: NO
Injury: NO
Serious Injury: NO
Property Damage: NO
Aggressive Driving - NO
Fatal: NO
I am in the process of talking to traffic violations related and Immigration attorney.
I would appreciate if somebody can please advice on the following.
1) What will happen to her I485 process? currently she has EAD and I485 is pending
2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?
Please let me know.
The following is the detail of the citation.
Crash: NO
Injury: NO
Serious Injury: NO
Property Damage: NO
Aggressive Driving - NO
Fatal: NO
I am in the process of talking to traffic violations related and Immigration attorney.
I would appreciate if somebody can please advice on the following.
1) What will happen to her I485 process? currently she has EAD and I485 is pending
2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?
Please let me know.
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