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05-14 04:00 PM
The American Immigration Policy Center issued an excellent Fact Sheet about H2A farm orkers and the need for reform.
The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation�s economy.
Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.
According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.
Read the Fact-sheet here (http://www.immigrationpolicy.org/images/File/factcheck/Farmworkers%20Fact%20Sheet.pdf)
More... (http://www.visalawyerblog.com/2009/05/h2a_visas_facts_about_farmwork.html)
The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation�s economy.
Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.
According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.
Read the Fact-sheet here (http://www.immigrationpolicy.org/images/File/factcheck/Farmworkers%20Fact%20Sheet.pdf)
More... (http://www.visalawyerblog.com/2009/05/h2a_visas_facts_about_farmwork.html)
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avi101
03-12 09:21 PM
PD has to be current for the I485 to be accepted. For a dependent's application, Primary's PD is used. Bottomline, you will have to wait till your PD becomes current to apply for your wife. Most likely, the application will be returned.
Raj Iyer
09-22 05:03 PM
IF at the time of applying for the H-1B, you were on a valid H4 status and H4's validity was beyond October 1, 2010 then you should have have been granted an H-1B change of status with a valid I-94. In case your H4 was not valid or you requested a consular notification, then you need to go to your home country and get visa stamp from the consulate and come back to the U.S.
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zac8141
10-10 06:31 PM
i havent c#, but i think you could use the "get asynckeystate"
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Chintu2009
02-09 02:22 PM
He wants to get F1 status and study full time. So, my l2 and ead will no longer be valid, if he quits his job?
saurav_4096
03-27 04:39 PM
vkotval and jnraajan thanks for you reply.
Saurav
Saurav
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coollife
03-04 12:21 PM
I have my H1 filed in 2008. Due to the market situation, I didn't go for H1 stamping and was never active on H1 so far. I entered US in March 2009 on H4. Now I got a project and want to go for the H4->H1 COS.
I would like to know the steps/process for H4 -> H1 COS.
I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.
If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.
My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.
Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.
Sorry for too many questions. But, please please do help!!!
Thanks a ton in advance!!
I would like to know the steps/process for H4 -> H1 COS.
I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.
If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.
My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.
Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.
Sorry for too many questions. But, please please do help!!!
Thanks a ton in advance!!
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minimalist
08-15 04:40 PM
I will be travelling outside US using AP by end of this month. I don not have valid stamped visa. Recently small part of my old company (A)got acquired by new company and my job was moved to new company (B)
Lawyer at company B applied for New H1 in May 2008 ( old is still valid till 2009)�but haven�t received approved 797 notice yet.
Can I travel outside US and comeback without haveing approved new 797 notice. I do have EAD and old 797.
Any issues ? I don�t want to abandon my H1 status.
Gurus please advise.
Thanks
BAsed on what I know, even if you use AP to re-enter and continue to work with the GC petitioning company, your H1 status is still valid.
Your scenario is you will be reentering on AP , but switching the job to a new employer. You may lose your H1 status
----
Not a lawyer
EB3 I - MAy 2006
Contribution -- $100
Lawyer at company B applied for New H1 in May 2008 ( old is still valid till 2009)�but haven�t received approved 797 notice yet.
Can I travel outside US and comeback without haveing approved new 797 notice. I do have EAD and old 797.
Any issues ? I don�t want to abandon my H1 status.
Gurus please advise.
Thanks
BAsed on what I know, even if you use AP to re-enter and continue to work with the GC petitioning company, your H1 status is still valid.
Your scenario is you will be reentering on AP , but switching the job to a new employer. You may lose your H1 status
----
Not a lawyer
EB3 I - MAy 2006
Contribution -- $100
more...
visacase
07-10 02:40 PM
Hi,
Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.
Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.
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anantc
08-26 04:47 PM
Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
Labor Filed Date: Oct 3rd 2003
Labor Approved Date: Sept 15th 2006
EB2 140 Applied: Oct 30th 2006
485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
485 Finger Print for both(biometrics): Oct 4th 2007
EB2 140 Query (RFE): Dec 5th 2007
"The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."
In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
EB3 140 Applied: Jan 10th 2008
In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.
Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
Also will the existing I-485 pending is fine or should I file new one for EB3?
Thanks in Advance.
Anantc
Labor Filed Date: Oct 3rd 2003
Labor Approved Date: Sept 15th 2006
EB2 140 Applied: Oct 30th 2006
485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
485 Finger Print for both(biometrics): Oct 4th 2007
EB2 140 Query (RFE): Dec 5th 2007
"The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."
In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
EB3 140 Applied: Jan 10th 2008
In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.
Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
Also will the existing I-485 pending is fine or should I file new one for EB3?
Thanks in Advance.
Anantc
more...
Rocky4884
05-26 02:45 PM
Hello,
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
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matrixneo
10-20 12:14 PM
Thanks Guys,
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
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fromnaija
01-09 10:59 AM
Is it possible to have second H1b visa and Labor certificate approved for employer "B" while working on H1b visa and having Labor and I 140 approved for employer "A" ??
Gurus pls suggest..
Thanks..
Omved
Yes, that is possible. However, you don't need to have a second H1B with employer "B" in order for that employer to apply for LC and 140 for you since LC and 140 are for future jobs.
Gurus pls suggest..
Thanks..
Omved
Yes, that is possible. However, you don't need to have a second H1B with employer "B" in order for that employer to apply for LC and 140 for you since LC and 140 are for future jobs.
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mrdelhiite
06-13 02:48 PM
i thought there was something extra... that you have to be in 485 pending for atleast one year .. if you are a july filer 1 year gona be completed in the begining of july ...
-M
-M
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sanju_eb3
04-28 09:43 AM
I think you have to wait until your 3yr H1B is clear. If you find a new job before your current H1B expire, you may not have enough time left on your H1 to get the new GC labor and I-140 approved.
Hi,
My I-140 will be approved shortly in premium processing and I'll be applying for 3yr H1 extension. There is a chance that I may get laid-off soon and I wanted to know if I can change the jobs while my H1 extension petition is pending with USICS. My current H1 will expire in June'07.
Sorry, if I am asking a question that has already been addressed here. I tried to browse the forum but could not find anything.
Thanks,
Natika
Hi,
My I-140 will be approved shortly in premium processing and I'll be applying for 3yr H1 extension. There is a chance that I may get laid-off soon and I wanted to know if I can change the jobs while my H1 extension petition is pending with USICS. My current H1 will expire in June'07.
Sorry, if I am asking a question that has already been addressed here. I tried to browse the forum but could not find anything.
Thanks,
Natika
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Becks
03-16 07:41 PM
Your education evaluation is valid for a long period(not sure how long). I applied for my first H1 in 2000 and got education evaluation that time. Stamping didnot work out for me that time.
I applied for new H1 in 2003 and submitted same education evaluation that I got in 2000. I entered US and used same edu eval for transferring H1. I did not have any issues.
So you are fine. I dont know if this applies to all cases.
I applied for new H1 in 2003 and submitted same education evaluation that I got in 2000. I entered US and used same edu eval for transferring H1. I did not have any issues.
So you are fine. I dont know if this applies to all cases.
more...
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Khan123
01-19 01:23 AM
hello, i was on H-1B and my employment was terminated yesterday with the company, what are my options of staying in USA. Please advise immediately
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rockstart
05-12 01:17 PM
I have renewed my DL in VA while my H1B was pending last year (Oct 07) . All you need is your H1-B application receipt and they will extend it by 1 Year.
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gc_on_demand
05-18 03:53 PM
Hi,
I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!
Thanks.
If you didnot receive pay for 1 year means you were illegal in USA. This site is for highly skilled Legal immigrants. you can file a complaint against ur empoyer for not paying wage once you are on L2. If you win case against ur employer keep record with u and go for l2 stamping .. you should not have any issue.
Note : I am not an attorney. This is my view and can be differ from other.
I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!
Thanks.
If you didnot receive pay for 1 year means you were illegal in USA. This site is for highly skilled Legal immigrants. you can file a complaint against ur empoyer for not paying wage once you are on L2. If you win case against ur employer keep record with u and go for l2 stamping .. you should not have any issue.
Note : I am not an attorney. This is my view and can be differ from other.
neeidd
12-24 01:16 PM
Hello Friends,
My AP is expired on December 9th 2008. I would like to renew my AP. Could you please provide the details on how to renew my AP? or Does it come as a new process instead of renewal?
Thanks
My AP is expired on December 9th 2008. I would like to renew my AP. Could you please provide the details on how to renew my AP? or Does it come as a new process instead of renewal?
Thanks
tnite
02-13 03:18 PM
graduated with a MS in Computer science in may2007.
i applied to another university and got my sevis transferred to do my MBA there.
i have done 11 months 20 days of full time CPT at the previous university(where i did my MS).
am i eligible for another full time CPT at my new university where i have started my MBA (from jan 21st 2008)?
the international students service at my previous university is saying "i am eligible for 12months of full time CPT for every educational level, and i cannot get another 12 months if i do MBA because it is a masters degree too".
please suggest.
thanks
yes, they're right. CPT is 12 months max full time and it is 12 months for every educational level.
1.Part-time CPT is 20 hours a week or less. If done during school year, must maintain full time status. It has no effect on OPT.
2.Full-time CPT is more than 20 hours a week. (25 hrs a week is full time). If you do more than 12 months of full-time CPT, you lose your OPT option
i applied to another university and got my sevis transferred to do my MBA there.
i have done 11 months 20 days of full time CPT at the previous university(where i did my MS).
am i eligible for another full time CPT at my new university where i have started my MBA (from jan 21st 2008)?
the international students service at my previous university is saying "i am eligible for 12months of full time CPT for every educational level, and i cannot get another 12 months if i do MBA because it is a masters degree too".
please suggest.
thanks
yes, they're right. CPT is 12 months max full time and it is 12 months for every educational level.
1.Part-time CPT is 20 hours a week or less. If done during school year, must maintain full time status. It has no effect on OPT.
2.Full-time CPT is more than 20 hours a week. (25 hrs a week is full time). If you do more than 12 months of full-time CPT, you lose your OPT option
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