mantagon
01-10 09:10 AM
Hi!
My friend (in the US, on J1, no HRR) has been offered a position with a Non profit organization. They do not have experience with H1b process and want her to tell them about the process, and how she can work here legally (starting June).
I understand that she will not fall under the quota and does not have to wait till Oct 1st. Can someone please provide information (some links) on the following:
1) Can one do premium processing for H1b (first time for her), even though it is a non profit organization? Or is premium processing only for cases that fall under the cap?
2) I noticed that the fee is:
- 190 for application
- 500 for fraud security
- 750 or 1500 depending on whether there are 25 or more employees
- $1000 premium processsing
- $$$ for the lawyer to prepare and file the petition
Is it required by law that all the application fees be paid by the Employer, or can it also be paid by the beneficiary? I understand that the permium processing fee can be paid by the beneficiary, and perhaps the lawyer fees too.
3) Does the employer need to get any certifications/approvals from the Labor department before filing for H1B?
4) Can the entire process by done online?
I will really appreciate it someone could help with answers to these questions.
Thanks.
Response to your queries: -
1) Yes, one can do Premium Processing even if it is for a Not-for-Profit organization. I work in a university and I did the same.
2) USCIS does not care where the fees come from; all they care is about the right amount. Having said that, typically, the employer pays all of it - its the cost of employing a person; however, it can be split in any way between the employer and the employee with mutual understanding.
3) I believe they do!
4) Probably not!
My friend (in the US, on J1, no HRR) has been offered a position with a Non profit organization. They do not have experience with H1b process and want her to tell them about the process, and how she can work here legally (starting June).
I understand that she will not fall under the quota and does not have to wait till Oct 1st. Can someone please provide information (some links) on the following:
1) Can one do premium processing for H1b (first time for her), even though it is a non profit organization? Or is premium processing only for cases that fall under the cap?
2) I noticed that the fee is:
- 190 for application
- 500 for fraud security
- 750 or 1500 depending on whether there are 25 or more employees
- $1000 premium processsing
- $$$ for the lawyer to prepare and file the petition
Is it required by law that all the application fees be paid by the Employer, or can it also be paid by the beneficiary? I understand that the permium processing fee can be paid by the beneficiary, and perhaps the lawyer fees too.
3) Does the employer need to get any certifications/approvals from the Labor department before filing for H1B?
4) Can the entire process by done online?
I will really appreciate it someone could help with answers to these questions.
Thanks.
Response to your queries: -
1) Yes, one can do Premium Processing even if it is for a Not-for-Profit organization. I work in a university and I did the same.
2) USCIS does not care where the fees come from; all they care is about the right amount. Having said that, typically, the employer pays all of it - its the cost of employing a person; however, it can be split in any way between the employer and the employee with mutual understanding.
3) I believe they do!
4) Probably not!
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iak220974
01-19 01:07 AM
Guys,
My H1B transfer is pending at California Srvice Centre since Sep 26, 2006 and my current employer has completed the green card process prior to file PERM application. Is it possible to file PERM application while H1B Transfer is pending?
Any advise?
Thanks
My H1B transfer is pending at California Srvice Centre since Sep 26, 2006 and my current employer has completed the green card process prior to file PERM application. Is it possible to file PERM application while H1B Transfer is pending?
Any advise?
Thanks
amitjoey
12-13 01:44 PM
Atleast add one new member till dec31st. Fellow IV members, If you CAN Contribute brilliant ideas and discuss a lot of options/ideas, why cant you add atleast one new member. Its all empty talk otherwise. We can do it together.
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Macaca
09-20 09:00 PM
It was great meeting and working with everyone especiallyJay,Aman,Himanshu,Vandana,Prateek,Nilli, Vandana,Mark,Tamsen,Puneet (yes- I am being nice to you inspite of the lawyer jokes u crack at my expense!!!),Anil,Sanjeev,Rajesh, Macaca (yes I was a bit too hard on you :) but it was all in good spirit) and of course my friend Meenal. I just want to thank a few volunteers who worked on lobby day meetings with me but could not attend the lobby day or the rally day-Fora,Vasu and Payal. We are all so glad the lobby day meetings and the Rally went well. It really shows what we can do when we all get together. Kudos to IV and its members!
Some thing that is a bit too hard for samay will hit you like a Tsunami!
:D:D:D
Some thing that is a bit too hard for samay will hit you like a Tsunami!
:D:D:D
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pd052009
04-11 11:44 AM
Countdown: 20 More days to go (Incl. today)
Required Yes Votes : 5000
Read from the below link for more details
http://immigrationvoice.org/forum/2243885-post2.html (Support Thread for "I485 filing w/o Curr. PD" initiative)
Required Yes Votes : 5000
Read from the below link for more details
http://immigrationvoice.org/forum/2243885-post2.html (Support Thread for "I485 filing w/o Curr. PD" initiative)
like_watching_paint_dry
04-08 02:59 PM
This sucks.. I always thought it was those 245(i) illegals are clogging up EB3. Not sure what else is constipating the system so it barely gets past Nov 2001.
more...
seermk10
08-04 07:58 PM
Just checked the online status. Approvals both for my wife and me.
PD : Feb 2006 / TSC, EB2
Recently got the old priority date changed to Nov 2005.
PD : Feb 2006 / TSC, EB2
Recently got the old priority date changed to Nov 2005.
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k3GC
09-01 02:10 PM
Is this happening this year too - TSC is giving approvals and not NSC? Last Aug / September when my priority date was current - it was the same, i know of people who got approved from TSC whose PD were 12/05.
more...
dhesha
08-04 12:50 PM
I went through the same frustration in 2008 when many 2006 got approved even when my date was current.
Looks like the same thing is going to happen again -- most of the approvals are from 2006 and I am still stuck forever..what the *&%^ing going on....
Looks like the same thing is going to happen again -- most of the approvals are from 2006 and I am still stuck forever..what the *&%^ing going on....
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NolaIndian32
04-14 11:24 PM
As a start, I've decided to start walking in my office garage for half an hour before lunch.
This is a perfect example of motivation, time management and dedication to improving your lifestyle and IV.
Kudos to Needhelp!
My office is only on the 2nd floor of the building where I work, but at as much as possible, I take the stairs, going up as much as 4 flights and down as many as 18!!
Whether you are getting back into shape or trying to sustain a healthy life style, this is a perfect way to staying on top of your goal!! And in the process of self-improvement you are raising money for IV!! How noble is that!!:)
This is a perfect example of motivation, time management and dedication to improving your lifestyle and IV.
Kudos to Needhelp!
My office is only on the 2nd floor of the building where I work, but at as much as possible, I take the stairs, going up as much as 4 flights and down as many as 18!!
Whether you are getting back into shape or trying to sustain a healthy life style, this is a perfect way to staying on top of your goal!! And in the process of self-improvement you are raising money for IV!! How noble is that!!:)
more...
sroyc
10-13 04:48 AM
That was informative.
The wild cards are still the LC substitutions and EB2 to EB3 conversions. Even if a lot of people had to go back to India, is there any estimate on how many of these LC approvals were later sold by the bodyshoppers? Depending on the extent of LC substitution frauds (from what I hear it was rampant) all the calculations and estimates could get completely thrown off. I agree that we should wait for another 2-3 months for the dust to settle. Even the USCIS/DOS should have a good idea of how many cases there are and that will help them control the flow better and that should reflect in the visa bulletins.
Perfect linear logic. Infact if you think linearly this should have been the case.But, in my opinion you have missed 2 important events. First, when BECs were created, before moving cases to BECs, INS somehow took a stand of rapid labor approval for those who already cleared "State" process and were waiting in Regional. Many of cases were approved during those 3 to 4 months and most of them were of EB2 categories. Those who were stuck in "State" , most were transferred to BECs directly. Second thing happened was many EB2 people also changed jobs as economy started to improve from 2005 and many left for India. Now one can argue, that happened with EB3 as well. I tell you one thing. My file was Eb3 NON-RIR...Stuck in PBEC. I decided to convert into RIR. My final conversion package sent to PBEC, around second week of January 2007. At that moment there were almost 350000 cased were of NON-RIR and 70000 cases were of RIR. EB2 load was of around 30 % only of these total cases. See here the difference lies in volume. EB3 load is considerably high. One more thing to remember is Most of those EB2 filings were of 2002 or pre 2002. In year 2003, generally most filing were done in EB3 NON-RIR only as RIR denial ratio was high and that with particular EB2 category. And adding all this makes my assumption base that 80% of pre 2004 EB2 lot is already out of this black hole. Let's watch next bulletins. It will be clear within 2 to 3 months how USCIS is taking turns.
The wild cards are still the LC substitutions and EB2 to EB3 conversions. Even if a lot of people had to go back to India, is there any estimate on how many of these LC approvals were later sold by the bodyshoppers? Depending on the extent of LC substitution frauds (from what I hear it was rampant) all the calculations and estimates could get completely thrown off. I agree that we should wait for another 2-3 months for the dust to settle. Even the USCIS/DOS should have a good idea of how many cases there are and that will help them control the flow better and that should reflect in the visa bulletins.
Perfect linear logic. Infact if you think linearly this should have been the case.But, in my opinion you have missed 2 important events. First, when BECs were created, before moving cases to BECs, INS somehow took a stand of rapid labor approval for those who already cleared "State" process and were waiting in Regional. Many of cases were approved during those 3 to 4 months and most of them were of EB2 categories. Those who were stuck in "State" , most were transferred to BECs directly. Second thing happened was many EB2 people also changed jobs as economy started to improve from 2005 and many left for India. Now one can argue, that happened with EB3 as well. I tell you one thing. My file was Eb3 NON-RIR...Stuck in PBEC. I decided to convert into RIR. My final conversion package sent to PBEC, around second week of January 2007. At that moment there were almost 350000 cased were of NON-RIR and 70000 cases were of RIR. EB2 load was of around 30 % only of these total cases. See here the difference lies in volume. EB3 load is considerably high. One more thing to remember is Most of those EB2 filings were of 2002 or pre 2002. In year 2003, generally most filing were done in EB3 NON-RIR only as RIR denial ratio was high and that with particular EB2 category. And adding all this makes my assumption base that 80% of pre 2004 EB2 lot is already out of this black hole. Let's watch next bulletins. It will be clear within 2 to 3 months how USCIS is taking turns.
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gg_ny
04-07 10:50 AM
I was wondering if any one in the core or other members think about the next step towards getting citizenship after passing the hurdles of getting the green card. If a person is here for 10 years and then get his green card (average period), then he need to wait for another 5 years to get the citizenship. 15 years for this process in a person's life is too much.
IV Core can push or lobby for a law which can make the person a US citizen, if he is living in US for 10 years legally without any issues and paying taxes for the entire period. It is just my idea.
This is a wonderful idea. Having waited for 10 years for green card, if one has to wait for 5 more years for naturalization (that allows one to vote in the elections), then it is indeed an utter discomfort. We need something like IV but with a different name: NaturalizationVoice (it would be envy -NV- of all in IV ;-)) to campaign for immediate ready-to-serve naturalization of highly skilled (like Saralayar, of course) permanent residents.. NV should also campaign for an amendment that would allow highly skilled immigrant turned naturalized citizens (eg. Saralayar) to contest as presidential candidates. If any such person wins, he or she could either ban immigration (at least for other high skilled people) or abolish waiting period for greencard.
IV Core can push or lobby for a law which can make the person a US citizen, if he is living in US for 10 years legally without any issues and paying taxes for the entire period. It is just my idea.
This is a wonderful idea. Having waited for 10 years for green card, if one has to wait for 5 more years for naturalization (that allows one to vote in the elections), then it is indeed an utter discomfort. We need something like IV but with a different name: NaturalizationVoice (it would be envy -NV- of all in IV ;-)) to campaign for immediate ready-to-serve naturalization of highly skilled (like Saralayar, of course) permanent residents.. NV should also campaign for an amendment that would allow highly skilled immigrant turned naturalized citizens (eg. Saralayar) to contest as presidential candidates. If any such person wins, he or she could either ban immigration (at least for other high skilled people) or abolish waiting period for greencard.
more...
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GreenMe
06-15 05:12 PM
Hello All,
I am starting my employment based GC process. My employer is going to file for my labour certificate (LC) thru PERM soon.
However, I want to know what happens if you Labour Application is not approved by USCIS?
like - Can you then apply for Labour thru another employer? or start ur Green Card process thru another employer.
- Can you get H1 extension after 6 year period is complete?
Kindly advice.
Regards,
GreenMe
I am starting my employment based GC process. My employer is going to file for my labour certificate (LC) thru PERM soon.
However, I want to know what happens if you Labour Application is not approved by USCIS?
like - Can you then apply for Labour thru another employer? or start ur Green Card process thru another employer.
- Can you get H1 extension after 6 year period is complete?
Kindly advice.
Regards,
GreenMe
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bharol
06-27 08:03 PM
This is an extremely bad bill.With India dominating not only the H1 visa quota and EB green cards applications but also body shops and �consulting� companies; eliminating the per country quota would massively and unfairly flood America with workers from India
Many defenders of the bill used flawed socio-economic reasons to justify their *shameful and selfish agenda. Unused visa for ROW (Other countries) is NOT because there are not enough skilled workers from other countries but because the uscis/dhs use the quota to conservatively hence at the end of the visa year there are still many quotas left. ROW priority date has never been current for a very long time
Would you prefer to work with 7 immigrants from India and OR 2 from India, 1 from Germany, 1 from Zimbabwe, 1 from Argentina, 1 from Slovakia and 1 from Burma? The bill will not only hurt professional immigrants from other countries but also will hurt diversity, the core and sacred believe of American people
What a lame logic.
How does it matter from which country is the doctor/engineer/scientist is coming from
and with whom I am working.
Your commment sounds like coming directly from numbersusa or Lou dobbs.
Many defenders of the bill used flawed socio-economic reasons to justify their *shameful and selfish agenda. Unused visa for ROW (Other countries) is NOT because there are not enough skilled workers from other countries but because the uscis/dhs use the quota to conservatively hence at the end of the visa year there are still many quotas left. ROW priority date has never been current for a very long time
Would you prefer to work with 7 immigrants from India and OR 2 from India, 1 from Germany, 1 from Zimbabwe, 1 from Argentina, 1 from Slovakia and 1 from Burma? The bill will not only hurt professional immigrants from other countries but also will hurt diversity, the core and sacred believe of American people
What a lame logic.
How does it matter from which country is the doctor/engineer/scientist is coming from
and with whom I am working.
Your commment sounds like coming directly from numbersusa or Lou dobbs.
more...
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aa_ke_phas_gaya
03-20 07:29 AM
- Grant option to have citizenship or green card to those who have been working for US for 10years or more without getting out of status.
- Issue one time executive order to grant green cards to those who have Priority Dates older than 7 years.
- Visa re capture if above two are not issued.
- Count primary applicant as a visa number and not dependents.
- If none of above are done at least deny/approve I-485 application as soon as possible and issue green cards later so that applicants know what they should do with their lives.
- If none of the above are possible, please shut the immigration.
- Issue one time executive order to grant green cards to those who have Priority Dates older than 7 years.
- Visa re capture if above two are not issued.
- Count primary applicant as a visa number and not dependents.
- If none of above are done at least deny/approve I-485 application as soon as possible and issue green cards later so that applicants know what they should do with their lives.
- If none of the above are possible, please shut the immigration.
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Saralayar
04-10 06:04 PM
I wont never want to be a US citizen anyways. GC is all required. are you kidding me. why would you want to be a citizen here anyways.
There is a huge amount of $$ you have paid for Social Security and Medicare. You don't need to get back that:confused:??. This is just a part of the benefit...
There is a huge amount of $$ you have paid for Social Security and Medicare. You don't need to get back that:confused:??. This is just a part of the benefit...
more...
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looivy
09-25 02:59 AM
It is the fourth option.
- EB3I just bury their heads in sand looking for a miracle and they have lost hope.
Also, no clear directionality from leadership.
Hi Raju,
You hit the nail on its head. The Eb3I participation is very very less. Look at EB2 specific threads. There are 25000 views. EB3I specific threads is a mere 2000. In fact EB3I is supposed to be a biggger group.
Here are my theories:
- EB3I guys lost hope in IV and stopped visiting IV
- EB3I guys work in low level jobs without access to Internet even in office or home (certainly cannot be the case)
- EB3I does not know about IV at all for the past 4 years (hmmm...)
- EB3I just bury their heads in sand looking for a miracle
This is a bigger problem than the EB3I backlog problem.
I know many guys in this forum who are regular contributers are missing here. What really is going on?
- EB3I just bury their heads in sand looking for a miracle and they have lost hope.
Also, no clear directionality from leadership.
Hi Raju,
You hit the nail on its head. The Eb3I participation is very very less. Look at EB2 specific threads. There are 25000 views. EB3I specific threads is a mere 2000. In fact EB3I is supposed to be a biggger group.
Here are my theories:
- EB3I guys lost hope in IV and stopped visiting IV
- EB3I guys work in low level jobs without access to Internet even in office or home (certainly cannot be the case)
- EB3I does not know about IV at all for the past 4 years (hmmm...)
- EB3I just bury their heads in sand looking for a miracle
This is a bigger problem than the EB3I backlog problem.
I know many guys in this forum who are regular contributers are missing here. What really is going on?
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illinois_alum
08-03 12:14 PM
Anyone getting approved through NSC this month? Looks like the file pusher (peon) is on vacation, so the babus are out having chai!
Our cases were pending at NSC...got the approval/card production ordered email this morning..
Our cases were pending at NSC...got the approval/card production ordered email this morning..
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BharatPremi
10-14 06:39 PM
Retrogression in Various Steps of the GC process
While January 2005 was the first time since July 2001 there was retrogression for the EB-3 category (01/01/02 for both China and India), the US continues to maintain protectionism through their immigration system.
Retrogression in Labor Certification: Between 2002 and 2005, there was severe retrogression as far as labor certifications were concerned. Then came the PERM in March 2005 and for a couple of years, they boasted labor certification with 3 to 6 months time. Of late I think it is taking more than 6 months for LC approvals even through PERM.
Retrogression in I-140 Approvals: I do not remember when the USCIS suspended the premium processing for I-140 but even before they did that, they managed protectionism by delaying the approval of I-140. As per some one's posting, it is now taking 14 months for an I-140 approval.
Retrogression of I-485 Approvals: Post July 2007 VB, even a 1st year engineering student from India, studying the American immigration system, can tell you it could take years (not the current 6-9 months processing time) for approval of I-485s. The delay in approving an I-485 petition is not subject to the the July 2007 Visa Bulletin alone, it cannot also escape 'protectionism-tainted' FBI name check delay.
I may sound like quite a pessimist, but add to all this the possible denials for PLC (permanent labor certification), I-140, EAD, AP & I-485s.
My $0.02 - IE
Very Good Presentation.
While January 2005 was the first time since July 2001 there was retrogression for the EB-3 category (01/01/02 for both China and India), the US continues to maintain protectionism through their immigration system.
Retrogression in Labor Certification: Between 2002 and 2005, there was severe retrogression as far as labor certifications were concerned. Then came the PERM in March 2005 and for a couple of years, they boasted labor certification with 3 to 6 months time. Of late I think it is taking more than 6 months for LC approvals even through PERM.
Retrogression in I-140 Approvals: I do not remember when the USCIS suspended the premium processing for I-140 but even before they did that, they managed protectionism by delaying the approval of I-140. As per some one's posting, it is now taking 14 months for an I-140 approval.
Retrogression of I-485 Approvals: Post July 2007 VB, even a 1st year engineering student from India, studying the American immigration system, can tell you it could take years (not the current 6-9 months processing time) for approval of I-485s. The delay in approving an I-485 petition is not subject to the the July 2007 Visa Bulletin alone, it cannot also escape 'protectionism-tainted' FBI name check delay.
I may sound like quite a pessimist, but add to all this the possible denials for PLC (permanent labor certification), I-140, EAD, AP & I-485s.
My $0.02 - IE
Very Good Presentation.
indian111
08-12 04:39 PM
EAD E filed on 05/22 @ TSC
FP done 06/17
SOFT LUD on 07/22
No approval yet
Not sure why we have LUD on same date and no approvals .
Do you think a batch were struck in some system error ??
FP done 06/17
SOFT LUD on 07/22
No approval yet
Not sure why we have LUD on same date and no approvals .
Do you think a batch were struck in some system error ??
illusions
04-01 10:35 AM
I only counted 7. But strangely enough, there's an approval for a 04/03/2007 PD. (The user Horus). I guess he is just very lucky!!!
yeah 7 for EB3 total of 12 incl EB2. Horus, is one lucky guy i guess.
yeah 7 for EB3 total of 12 incl EB2. Horus, is one lucky guy i guess.
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