uma001
04-15 09:15 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
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Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
shruthi07
06-04 10:47 AM
.
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p7810456
06-18 08:10 AM
I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
more...
kaushik07
11-07 03:07 PM
My application was received on July 3 at NSC. Till now, I haven't received any notices. I got the RNs by calling USCIS.
Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.
Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?
Thanks
Iam a july 2nd filer at NSC and haven't received my receipt numbers yet. can I ask you when you got your receipt numbers? Thanks a lot!
Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.
Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?
Thanks
Iam a july 2nd filer at NSC and haven't received my receipt numbers yet. can I ask you when you got your receipt numbers? Thanks a lot!
mallu
09-02 02:20 AM
First of all congratulations to all those who got their approval in the last couple months. Now comes the big dilemma for some of us. Did anyone tried to switch their jobs, or at least, ditch their current employer? Did anyone switched their employer immediately after the green card approval? I am sailing in this boat. I want to switch my employer ASAP, but is hesitating to do so... as you know there are some obvious reasons later. What are other problems that you think other than getting tons of questions during the citizenship? Appreciate your answers. ;)
Just my opinion. Stay with employer for 6 months - 1 year. Stay in the same profession for atleast 2 years ( i understood that way from Attorney Ron Gotcher )
Just my opinion. Stay with employer for 6 months - 1 year. Stay in the same profession for atleast 2 years ( i understood that way from Attorney Ron Gotcher )
more...
vinki
10-24 01:11 PM
Hi !
My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?
We got our I-140 last month and EAD two weeks back.
Kindly advice us on this.
Thanks
Vinki :)
My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?
We got our I-140 last month and EAD two weeks back.
Kindly advice us on this.
Thanks
Vinki :)
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amengiv
01-14 10:16 AM
a2k2, Thanks a lot and best wishes!
more...
lonedesi
12-17 12:35 PM
Administrators?
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
We need to look at means to complain to ombudsman regarding the delays. My I-140 application is stuck in VSC and they are currently processing Apr 2006 (its been like that for last 6 months). Can IV core please provide us guidance in this regard? Any idea when the PP service will be restarted for I-140 applications?
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
We need to look at means to complain to ombudsman regarding the delays. My I-140 application is stuck in VSC and they are currently processing Apr 2006 (its been like that for last 6 months). Can IV core please provide us guidance in this regard? Any idea when the PP service will be restarted for I-140 applications?
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kramesh_babu
08-06 08:23 AM
Hi,
I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
Can anybody throw some light on this?
Thanks,
Shruthi07
Online status shows:
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
notice explaining this action. Please follow the instructions provided
on the notice. We will notify you by mail when a decision is made. If
you move while this case is pending, call customer service at
1-800-375-5283 to update your address. You can use our processing dates to
estimate when your case may be processed by following the link below. You
can also receive automatic e-mail updates as we process your case by
registering in the link below.
Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?
On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
Can anybody throw some light on this?
Thanks,
Shruthi07
Online status shows:
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
notice explaining this action. Please follow the instructions provided
on the notice. We will notify you by mail when a decision is made. If
you move while this case is pending, call customer service at
1-800-375-5283 to update your address. You can use our processing dates to
estimate when your case may be processed by following the link below. You
can also receive automatic e-mail updates as we process your case by
registering in the link below.
Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?
On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
more...
sjhugoose
January 20th, 2004, 06:57 PM
Let's hope that it means the next offering from Canon comes in at about that same price point (about USD$2000). Maybe they (Kodak) know something?
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
I might add that galbraiths site says that Kodak is dropping the digital backs to focus on making large sensors and develop high end DSLR's. Could be intersting.
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
I might add that galbraiths site says that Kodak is dropping the digital backs to focus on making large sensors and develop high end DSLR's. Could be intersting.
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krishna.ahd
04-26 09:01 PM
Is there any law for disabled immigrant. I am 33 years old, and I am disabled, and I am here in US from 1998. I really want to settle down in one place, and it does not matter whether it is India or America but I think I have to make a choice right now, or my future will be a big question mark.
I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.
thanks
I dont think there is any special provision for disabled as far as GC is concerned.
Could you please elaboarte more.
What is your status ?? How far you are in GC process like 140 applied /approved ??
I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.
thanks
I dont think there is any special provision for disabled as far as GC is concerned.
Could you please elaboarte more.
What is your status ?? How far you are in GC process like 140 applied /approved ??
more...
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sbmallik
12-27 03:10 PM
I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.
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justAnotherFile
03-21 01:04 PM
Looking at the responses from admins and core group on the Frist Bill threads it appears that the strategy for IV is to
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
more...
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us_employee
06-15 10:43 PM
Thanks Elaine for the quick reply. He worked for a non-profit organisation earlier so either way he'll be cap subject. He might need to come here on B1 and would it possible to convert from B1 to H1 after coming to US or will he need to go back to INDIA and appy for H1 visa at the consulate. One benefit of converting in US would be to find the right employer given the economic conditions.
Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.
Thanks in advance.
Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.
Thanks in advance.
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agiridhar
05-14 08:23 AM
When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can�t an antitrust lawsuit stand good in US courts?
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
more...
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exploitedone2008
03-13 09:59 PM
what is Freedom of Information Act and how can it help him
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IWannaBeHowdy
11-14 10:52 AM
Hello everyone,
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
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MatsP
June 14th, 2010, 01:41 PM
I have never taken photos with the camera actually under water, but I have taken pictures of fish in aquarium, and to my knowledge water movement appear to not matter for the clarity of the image. This is as long as the water is clear in itself, and of course, there is no air bubbles or some other "stuff" moving in the water - if you have lots of air-bubbles, they will leave traces in flowing (or still) water if the shutter speed is short.
--
Mats
--
Mats
willigetagc
08-27 12:08 AM
Hi All ,
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).
You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).
When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...
convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).
You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).
When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...
convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.
alterego
06-23 08:45 PM
Bestin,
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
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