geve
11-08 01:45 PM
Austin, Houstin and Dalls not less than 10000 H1B candiadates. Atleaset target for 1000 (10%).
Come on guys.
Come on guys.
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add78
07-15 03:03 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
$30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
$30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.
pt326bc
08-03 10:33 AM
I 140 is for a future job.
You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).
The critical part here is I 140 should be active (meaning shouldn't be revoked).
Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.
Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!
Again this is not legal advice, just an opinion as I am not a lawyer!
Regards.
You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).
The critical part here is I 140 should be active (meaning shouldn't be revoked).
Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.
Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!
Again this is not legal advice, just an opinion as I am not a lawyer!
Regards.
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Blog Feeds
02-10 08:50 PM
Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
more...
saveimmigration
10-12 11:53 AM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
njdude26
04-08 08:05 AM
im sure you can come back if you drive into Canada because your I94 will still be with you.
more...
jingi1234
08-19 05:57 PM
I have the copy from Murthy.com [they still have it on]....
send me ur copy to : 509 355 3413
Thanks,
send me ur copy to : 509 355 3413
Thanks,
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lostinbeta
10-24 12:19 PM
Haha... I got there on the highwind.
If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.
If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.
more...
GCAmigo
02-09 01:02 PM
Pardon my ignorance.
What is op-ed ?
http://en.wikipedia.org/wiki/Op-ed
~GCA
What is op-ed ?
http://en.wikipedia.org/wiki/Op-ed
~GCA
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jlt007us
10-06 06:09 PM
Don't worry. You will mostly get RFE but not a rejection.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
more...
fatboysam
05-16 09:40 AM
I have couple of doubts whether i will be able to qualify or not, which i want to clairify.
Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
I do not see any option for a software engineer, Am i missing anything ?
Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)
Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
I do not see any option for a software engineer, Am i missing anything ?
Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)
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uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
more...
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FinalGC
05-15 11:32 AM
shujaat:
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
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lacrossegc
08-13 12:28 AM
Yep congratulations indeed
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wandmaker
08-06 04:47 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry
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jvordar
04-07 03:08 PM
ok one question i have here is lets say if you have crossed your 6 years H1B limit and now the current employer does not give u copies of I140 and labor, in this case the new company wont be able to file for your H1 renewal coz the renewal is based on labor and I-140.. in this case there is no choice and u r forced to use your EAD... is that right??
more...
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chanduv23
07-09 12:48 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
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logiclife
03-22 04:34 PM
Loss of country soft cap quota is intended and not an error. The hard cap ensures that the newly created EB 5 applicants get all the usused visas and to keep EB 5 well-supplied, the numbers are being drained from EB 1, 2 and 3.
All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.
Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.
The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.
All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.
Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.
The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.
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raoece
04-05 04:10 PM
Yes PWD has really became anothe begining process of the GC jurney.
PWD applied 18-Mar-2010 Approved ??-???-????
PERM applied ??-???-????
PWD applied 18-Mar-2010 Approved ??-???-????
PERM applied ??-???-????
anurakt
12-21 04:19 PM
I promise ... last bump of the day !! or may be not......:D
vimalm
08-22 10:40 AM
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.
Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.
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