veritas1
10-16 10:12 PM
I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
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sanju
02-03 05:08 PM
or if you know some website which has reviews of companies plz let me know that site...
You are asking a wrong question. Beware of all Desi cos. They are all the same. If you are under some compulsion to join a desi cos, then you got to do what you got to do.
I think it would be best to speak with someone who is already working for the cos and join if your friend or someone you know is already working there.
Also, get EVERYTHING in writing, I mean EVERYTHING. Do not trust desi cos just because the guy is sweet talker.
.
You are asking a wrong question. Beware of all Desi cos. They are all the same. If you are under some compulsion to join a desi cos, then you got to do what you got to do.
I think it would be best to speak with someone who is already working for the cos and join if your friend or someone you know is already working there.
Also, get EVERYTHING in writing, I mean EVERYTHING. Do not trust desi cos just because the guy is sweet talker.
.
unseenguy
06-09 12:42 PM
I have EAD, can I work on 1099 as self employed?
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jcrajput
05-11 01:49 PM
Thank you all for your replies.
more...
mudigondag
01-04 03:12 PM
I have filed 485 for all my family members and received the EAD and AP(s). FP is not done yet. My daughter is in 1st year undergrad. Is there a way my daughter's 485 status can be maintained, if I join my daughter for MBBS study in India? If yes, what would be the option. Apreciate the suggestion
arian2002
10-02 10:29 AM
What is your Lawyer's reply to the mess he created?
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skp71
05-29 05:42 PM
Today I got CODE 1 FP notice, is this a positive sign?
I requested(May 02nd) USCIS to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current.
I requested(May 02nd) USCIS to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current.
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Blog Feeds
08-12 09:50 AM
H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer. A U.S. employer may petition a foreign national under the H-1B classification which specifically applies to individuals in a “specialty occupation." A specialty occupation has three requirements. First, an individual must have a bachelor’s degree or higher degree or its equivalent for the particular position. Second, the degree must be common in the industry among similar organizations. Third, the employer must normally require a degree or equivalent; or the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with attainment of the degree.
Individuals with H-1B visas are allowed to work in the United States for up to six years, but visas are granted in three-year increments. In some cases, the H-1B visas may be extended for more than six years. If the individual is in the United States, a change of status to an H-1B is filed in the United States. If the individual is outside the United States, upon approval of the petition, the individual must apply for an H-1B visa at the U.S. consulate. There are only 65,000 H-1B visas issued per year.
The beginning of the fiscal year for 2010 is October 1, 2009. Employers may begin filing their petitions six months prior to the start date of employment but the individuals cannot start their jobs until October 1.
It is vital for those individuals wishing to work in the United States to begin preparing their H-1B paperwork before the cap is reached. As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions had been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the cap. Please call us at 214-999-9999 if you would like to begin the H-1B process. The H-1B cap-subject count is available at the USCIS Web site (http://www.uscis.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/sxKBR-m_Kpk/)
Individuals with H-1B visas are allowed to work in the United States for up to six years, but visas are granted in three-year increments. In some cases, the H-1B visas may be extended for more than six years. If the individual is in the United States, a change of status to an H-1B is filed in the United States. If the individual is outside the United States, upon approval of the petition, the individual must apply for an H-1B visa at the U.S. consulate. There are only 65,000 H-1B visas issued per year.
The beginning of the fiscal year for 2010 is October 1, 2009. Employers may begin filing their petitions six months prior to the start date of employment but the individuals cannot start their jobs until October 1.
It is vital for those individuals wishing to work in the United States to begin preparing their H-1B paperwork before the cap is reached. As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions had been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the cap. Please call us at 214-999-9999 if you would like to begin the H-1B process. The H-1B cap-subject count is available at the USCIS Web site (http://www.uscis.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/sxKBR-m_Kpk/)
more...
brij523
03-02 06:00 AM
hi anyone there!!
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cr52401
04-24 09:19 AM
What was your I-485 receipt date (Note: I am not asking for your PD)
RD was June 7 2007. Do you have any idea how long it could take to have some respond from them??
RD was June 7 2007. Do you have any idea how long it could take to have some respond from them??
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Krish797
07-25 12:23 PM
Hi,
I got H1B visa approved and got I-797 last year for 3 years. Now, could you please advise me, what is the maximum time limit to get the H1B stamped in the passport from the date of issue of I-797.
I got H1B visa approved and got I-797 last year for 3 years. Now, could you please advise me, what is the maximum time limit to get the H1B stamped in the passport from the date of issue of I-797.
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hebbar77
09-19 12:23 AM
as far as I know medical assistant position does not require a degree and hence does not get entitled to highly skilled H1 category. Once this is not a skilled profession, one will have to prove that there are no citizens/gc candidates available for this position.
There could be a category of H1 visa for this. talking to lawyer is ur best bet.
FYI:
My wife is B.A.M.S, after researching all options, started studying nursing (accelerated bechelor of nursing ). During her research she did not find any other choice worthwhile!
There could be a category of H1 visa for this. talking to lawyer is ur best bet.
FYI:
My wife is B.A.M.S, after researching all options, started studying nursing (accelerated bechelor of nursing ). During her research she did not find any other choice worthwhile!
more...
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LCtank
09-12 03:43 PM
Illegals are another story, and now we need to focus on the legals, as all efforts trying to bind legal and illegal together turned out to be failure completely.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
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needhelp!
08-26 11:39 AM
The link does not work, please repost the correct link.
Try this:
http://clipcast.wpr.org:8080/ramgen/wpr/dun/dun070824d.rm
Try this:
http://clipcast.wpr.org:8080/ramgen/wpr/dun/dun070824d.rm
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ChainReaction
09-06 09:21 AM
I had filed my I485 directly at TSC , the address which was listed on my I140 Receipt on June 25th as per the advise given by IO when i called the 800#
Texas Service Center
P.O Box 851488 Dept A
Mesquite TX75185-1488
I still haven't received a receipt and the checks has not been cashed . I would like to know if anyone else filed their application at the address listed above and have received a receipt notice ?:confused:
Texas Service Center
P.O Box 851488 Dept A
Mesquite TX75185-1488
I still haven't received a receipt and the checks has not been cashed . I would like to know if anyone else filed their application at the address listed above and have received a receipt notice ?:confused:
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panky72
06-11 01:11 AM
I Am One Of The July Filers. Along With I-485 Application Last Year
I Did Apply For Ead, But Didnt Apply For Ap.
Can I Apply For Ap Along With Ead Renewal This Time?????
Please Discuss
Thx
Pd Eb3 Dec 2003
July Filer For Ead
Yes you can.
I Did Apply For Ead, But Didnt Apply For Ap.
Can I Apply For Ap Along With Ead Renewal This Time?????
Please Discuss
Thx
Pd Eb3 Dec 2003
July Filer For Ead
Yes you can.
more...
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riva2005
03-25 06:00 PM
Go to this URL on USCIS :
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
and search for a currently pending or approved case. It gives an error. Or is it just me? Can someone check and verify?
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
and search for a currently pending or approved case. It gives an error. Or is it just me? Can someone check and verify?
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needhelp!
08-20 10:08 PM
I am sure members will be willing to pay small donations to listen to these conference calls?? Not sure if it is Legal?
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dasrik
07-14 11:54 AM
Hi,
Our attorney prepared and filed our (mine and my wife's) 485, EAD and AP in July 2007.
We received our EAD and AP in 2007 and they are about to expire.
We are currently planning to renew our EAD and AP and wanted to apply on our own this time.
In that context, we requested for a copy of our application forms from the attorney.
We never got to verify the filled application forms until now (the attorney sent us only the pages to be signed at the time of filing)
To our surprise, we figured out the following mistakes in the application forms:
1) My I-94# in 485 and EAD application forms was wrongly mentioned. But I had my A# correct and it matches with the one on my EAD.
2) My wife's date of last entry in US was wrongly mentioned in 485 and EAD.
3) My mother's name was misspelled (a letter was missing from her first name)
I am not sure how bad the above mistakes are.
Here are my concerns now:
1) Are I-94# and last entry date used during namecheck or any other phase during the overall process? We didnot travel outside US since we applied 485. What if we travelled (the I-94 and last entry dates would have anyways changed).
Do we need to update these details explicitly after every travel? How important is it to get these details corrected in our applications?
2) If we apply for renewal of EAD and AP with the correct details this time, is it going to be fine? Do we still need to get them fixed in our 485?
OR
Will it be a problem for renewal because the details are different from the original application?
3) What is the procedure to follow in this situation?
Any advice in this matter is greatly appreciated.
Thanks in advance!
EB3 December 2003 PD
Our attorney prepared and filed our (mine and my wife's) 485, EAD and AP in July 2007.
We received our EAD and AP in 2007 and they are about to expire.
We are currently planning to renew our EAD and AP and wanted to apply on our own this time.
In that context, we requested for a copy of our application forms from the attorney.
We never got to verify the filled application forms until now (the attorney sent us only the pages to be signed at the time of filing)
To our surprise, we figured out the following mistakes in the application forms:
1) My I-94# in 485 and EAD application forms was wrongly mentioned. But I had my A# correct and it matches with the one on my EAD.
2) My wife's date of last entry in US was wrongly mentioned in 485 and EAD.
3) My mother's name was misspelled (a letter was missing from her first name)
I am not sure how bad the above mistakes are.
Here are my concerns now:
1) Are I-94# and last entry date used during namecheck or any other phase during the overall process? We didnot travel outside US since we applied 485. What if we travelled (the I-94 and last entry dates would have anyways changed).
Do we need to update these details explicitly after every travel? How important is it to get these details corrected in our applications?
2) If we apply for renewal of EAD and AP with the correct details this time, is it going to be fine? Do we still need to get them fixed in our 485?
OR
Will it be a problem for renewal because the details are different from the original application?
3) What is the procedure to follow in this situation?
Any advice in this matter is greatly appreciated.
Thanks in advance!
EB3 December 2003 PD
martinvisalaw
07-07 12:04 PM
You might have got classified as an Electrical Engineer by TWC, and likely Level 4 with 5 years experience as a requirement. If 5 years is really the requirement, and if you are an electrical engineer, or have an EE degree, TWC usually gives this designation. It is difficult to overcome this. Your friends who had lower prevailing wages must have been in different locations or had different occupations, or both. If your lawyer has lots of experience doing PERM, you can probably trust him.
Prashanthi
04-08 05:33 PM
Might be a good idea to register on your wifes name and get her to work for the company.
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