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dixie
11-06 01:33 AM
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
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tulips
05-24 03:02 PM
Hi,
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
pool_abab
06-17 10:27 AM
yes I mean received date. There was SLUD on 05/22 and then directly got CPO mail yesterday.
Thanks for the update! Congrats!
By receipt date do you mean "received date" or "notice date"?
Was there any SLUDs prior to the CPO?
Thanks for the update! Congrats!
By receipt date do you mean "received date" or "notice date"?
Was there any SLUDs prior to the CPO?
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gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
more...
snathan
04-15 10:39 AM
Hi All,
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days…
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days…
cox
June 20th, 2005, 11:47 AM
Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!
more...
waitnwatch
10-02 03:31 PM
When you get a new H1-B approval you get a new I94 too in the mail .You are supposed to staple it to the old I-94 (I think this instruction is contained somewhere within the new I-94). When you leave the US you are supposed to hand over both I-94 cards (no exceptions). When you come back you get a new I-94 at immigration. The I-94 is a entry/exit departure tracking mechanism and if this record does not show up correctly when you are coming back in you may be in for some problems.
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webm
10-05 02:07 PM
Folks,
Who receives the AP approval? lawyer or the beneficiary?
Generally Lawyer receives it.Check with your lawyer constantly.
Who receives the AP approval? lawyer or the beneficiary?
Generally Lawyer receives it.Check with your lawyer constantly.
more...
saurav_4096
10-02 03:08 PM
the RFE was on Ability to Pay
If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.
If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.
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sanju_dba
09-30 10:50 AM
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
more...
Steven-T
February 4th, 2004, 02:37 PM
Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Craig
The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.
According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).
BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.
Steven
SB26 -> unsure so far (anyone know)
Craig
The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.
According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).
BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.
Steven
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gc67890
11-16 10:19 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
more...
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lostinbeta
10-03 01:34 AM
Well they teach you how to make the grid in the tutorial, so do that:)
Then the next step would be to use the marquee tool and select the part you want to fade out, then go to Select/Feather (I believe that is it) the select the amount. Then hit delete the selection. This will cause some fading.
I hope this helps, this is a very basic form, but it works:)
Then the next step would be to use the marquee tool and select the part you want to fade out, then go to Select/Feather (I believe that is it) the select the amount. Then hit delete the selection. This will cause some fading.
I hope this helps, this is a very basic form, but it works:)
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08OCT2008
01-24 10:54 AM
China EB3 received 3,513 visas when India EB3 received only 2856 when both countries are retrogressed. Also Chinese Student Protection Act requires the numbers be reduced for Eb3 category.
EB2-I and EB2-C received approximately 20 K visas in addition to their regular quota. If the same holds true for 2011 will bring the cut off dates to Feb - Mar 2007 for these countries.
EB2-I and EB2-C received approximately 20 K visas in addition to their regular quota. If the same holds true for 2011 will bring the cut off dates to Feb - Mar 2007 for these countries.
more...
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sgorla
06-05 05:42 PM
The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
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karthikgk
02-19 07:01 PM
Thanks guys for making the effort to understand my situation.
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
more...
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sarva1
05-25 10:40 AM
Called Sen Coryn's office. Kicked out of voice mail to immigration counsel. However, did leave the message with the staff. He was professional and nice. HE even thanked for calling.
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xu1
07-28 05:44 AM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
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eldrick
08-16 02:56 PM
I'm scared now. The problem is as per the company's policy we're not allowed to contact the lawyer directly.
I've read somewhere before that if you did not sign G-28 it means the receipt will go directly to you. But, I'm not sure.
I've read somewhere before that if you did not sign G-28 it means the receipt will go directly to you. But, I'm not sure.
tikka
05-31 04:58 PM
Now is the time to take action.
Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
we need $ for lobbying.
Thank you
Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
we need $ for lobbying.
Thank you
jy1021
02-12 10:35 PM
I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
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