guyinus
08-30 05:36 PM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
viper673
07-24 02:55 PM
PD has nothing to do with EAD processing. They're not linked.
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nogc_noproblem
04-05 10:39 AM
Provide the details!!!
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
more...
kvranand
01-17 12:58 PM
I think this is due to bi-specilization program USCIS started lately. H1's are processed at CSC & VSC just like I-140's processed at TSC & NSC.
So your application would have gone to VSC when they share the applications for processing, though you belong to CSC.
I believe my resoning is correct!
So your application would have gone to VSC when they share the applications for processing, though you belong to CSC.
I believe my resoning is correct!
godbless
01-17 10:28 AM
I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???
more...
bheemi123
10-24 04:17 PM
GC is for your future postion. And u r labor certification clearly mention the job experiane required for the future position. As long as your employer is ready to offer that postion once you get GC then your current disignation does not matter and ofcource should be in the same field you applied for future job.
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radduri
03-17 12:36 PM
Hello,
I would appriciate if some clarify me on the below queries.
Here my situation is, I had a H1 approved in July 2008 and got stamped in Feb 2009. due to recission I wasn't on travel to US on my H1 status but in Nov 2009 my indian current employer asked me to travel US on business trip for 6 months but at the port of entry they gave only 3months stamp on I94 so my company applied extension for 3 months and got approved. Now my client asked me to join in his company and he is willing to take care of H1.
So here my queries are.
1. In my case how you want me to processed. do i need to transfer my current H1 on my client name or my client need to apply for a new h1.
2. If he applies a new H1 then am i able to work imidiately here.
3. if he applies for a H1 (either Transfer or New) how much time it will take to get approved. what is the best process to get approval imidiately(with in short time. becasue i have only 6 week of time to get expired my B1 I94)
4. Is there any issues if i accept my client offer.
Please help me to get clarify on all these issues.
Thanks,
Ram
I would appriciate if some clarify me on the below queries.
Here my situation is, I had a H1 approved in July 2008 and got stamped in Feb 2009. due to recission I wasn't on travel to US on my H1 status but in Nov 2009 my indian current employer asked me to travel US on business trip for 6 months but at the port of entry they gave only 3months stamp on I94 so my company applied extension for 3 months and got approved. Now my client asked me to join in his company and he is willing to take care of H1.
So here my queries are.
1. In my case how you want me to processed. do i need to transfer my current H1 on my client name or my client need to apply for a new h1.
2. If he applies a new H1 then am i able to work imidiately here.
3. if he applies for a H1 (either Transfer or New) how much time it will take to get approved. what is the best process to get approval imidiately(with in short time. becasue i have only 6 week of time to get expired my B1 I94)
4. Is there any issues if i accept my client offer.
Please help me to get clarify on all these issues.
Thanks,
Ram
more...
sbmallik
05-20 02:07 PM
Generally, Immigration add value to the economy ... but as a result of recession, we may see decline in immigration levels.
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makemygc
07-02 08:56 AM
I guess he went to bed on Thursday and woke up today.
more...
godbless
11-27 03:52 PM
The interview process is independent of the way you made your appointment. Its just that you being a returning US worker need an early appointment at the US Consulate. Well, the appointment dates these days are already very easily available without any long waitings like before. Infact being a returning US worker, you should expect less number of questions from the counselor.
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Ramba
10-27 05:11 PM
Hi,
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
more...
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alejo6819
10-04 08:55 PM
Hello,
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
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engineer
12-11 08:13 PM
See below for introduction to Immigrationvoice.
http://immigrationvoice.org/forum/showthread.php?t=16034
Many provisions which will help all of us have chance to get into OMNIBUS bill in Senate between now and Feb. Read more about OMNIBUS bill at http://immigrationvoice.org/forum/showthread.php?t=15745
For this IV urgently needs close to 30k for lobbying efforts. We have collected 27k so far.
I am coordinating campaign for WI. Please see action item below and I will really appreciate your support and prompt response.
Three immediate Action items:
1. Contribute now even 25$ would do.
See http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
2. Be part of IV: To get, inside updates, share what you want us to do, please become member of WI State Chapter of IV. Send me your non-ge email.
3. Reach out: Send this message to atleast 5 people (and cc me) who are facing Green Card delays and have them talk to me directly.
I understand everyone can not go out and protest and meet Congressman/ woman/ Senators but I am certain that these 3 action items can be done very easily.
thanks,
http://immigrationvoice.org/forum/showthread.php?t=16034
Many provisions which will help all of us have chance to get into OMNIBUS bill in Senate between now and Feb. Read more about OMNIBUS bill at http://immigrationvoice.org/forum/showthread.php?t=15745
For this IV urgently needs close to 30k for lobbying efforts. We have collected 27k so far.
I am coordinating campaign for WI. Please see action item below and I will really appreciate your support and prompt response.
Three immediate Action items:
1. Contribute now even 25$ would do.
See http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
2. Be part of IV: To get, inside updates, share what you want us to do, please become member of WI State Chapter of IV. Send me your non-ge email.
3. Reach out: Send this message to atleast 5 people (and cc me) who are facing Green Card delays and have them talk to me directly.
I understand everyone can not go out and protest and meet Congressman/ woman/ Senators but I am certain that these 3 action items can be done very easily.
thanks,
more...
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mirage
02-13 10:24 AM
It's only IV members. We did decide on few things last time, We have some new ideas, to talk. Obviously we need more people to carry on with the efforts...There are several private bills that are being placed in the queue as well as I see a separate bill for foreign nurses is coming up for discussion, we I feel we should talk to our lawmakers to bail us out of the EB-3/EB-2 India/china messWho other than IV is expected or invited in this call? Do we have any agenda, or just a brain storming?
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kirupa
04-22 05:00 PM
The stamp looks too plain in my view :( Horizontally stretching the writing doesn't help much either.
more...
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kondur_007
08-18 09:58 AM
Here is my opinion:
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
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veni001
07-09 01:52 PM
Whay are you asking this question??:confused:
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
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LCSufferer
04-16 01:31 PM
Hi,
Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).
Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.
Any ways Congratulations and BOTTMS UP :)
Wish you a Happy New to you and your family too.
Dev[/QUOTE]
Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).
Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.
Any ways Congratulations and BOTTMS UP :)
Wish you a Happy New to you and your family too.
Dev[/QUOTE]
EAD
03-30 12:04 PM
When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.
Though it was 3 years back I am not sure if its done the same way now also.
Though it was 3 years back I am not sure if its done the same way now also.
Becks
02-23 09:40 PM
Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).
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