satch2412
10-05 02:10 AM
I currently work for a leading film company in the US and hold a senior position under a O1 non-immigrant visa. Last year I applied for my GC under EB3, which was the choice made by my company . My priority date is Jan 2008 and I recently had my I140 approved. However, I have heard that given my work history and experience, I may possibly qualify as EB1 if I did not apply through company sponsorship. My question is, can I simply cancel my current application and re-apply myself under EB1 using my own lawyer? I am really hoping that I can change this category as the EB3 situation seems to be completely ridiculous.
Thanks!
Thanks!
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shana04
01-22 10:57 AM
...it makes sense totally...
Thanks for supporting
Thanks for supporting
scorpion
09-10 10:05 AM
If the job description on the Labor allows 3 year degree. And if it is properly filed by the lawyer than there should not be any problem. I know few people who got their I-140 (EB3) approved from NSC with 3 year degree.
2011 2011 of Newsweek magazine,
Blog Feeds
08-07 09:40 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
more...
indio0617
08-24 11:41 AM
IV core has noted this and will address it soon.
alisa
06-21 11:36 AM
^^
more...
problem2010
01-06 12:18 PM
Hi
I came to the US on H4 and then applied for H1-B. My H4 visa expired. My H1-B was approved but I was not staffed and hence not paid for the past one year and as a result I do not have pay stubs. I do not have the H1-B stamping on my passport. Now I want to apply for H4 from my home country based on my husband's H1-B.
My question is when I fill in the DS156 form what should I fill in for the following parts
1. #20 and #21 - Name and address of you current employer and Present Occupation
(Would I have to give details about the employer who filed my H1-B even though I do not have H1-B stamp on my passport)
2. #30 Have you ever been issued a US Visa - Yes/No (I do not have the H1-B stamp, I only have the previous H4 stamp)
When , Where, What Type of Visa (Would I have to mention about my H1 or H4?)
Please can anyone help me with these questions
Thanks
I came to the US on H4 and then applied for H1-B. My H4 visa expired. My H1-B was approved but I was not staffed and hence not paid for the past one year and as a result I do not have pay stubs. I do not have the H1-B stamping on my passport. Now I want to apply for H4 from my home country based on my husband's H1-B.
My question is when I fill in the DS156 form what should I fill in for the following parts
1. #20 and #21 - Name and address of you current employer and Present Occupation
(Would I have to give details about the employer who filed my H1-B even though I do not have H1-B stamp on my passport)
2. #30 Have you ever been issued a US Visa - Yes/No (I do not have the H1-B stamp, I only have the previous H4 stamp)
When , Where, What Type of Visa (Would I have to mention about my H1 or H4?)
Please can anyone help me with these questions
Thanks
2010 newsweek mormons rock.
Neocrack
05-08 07:40 AM
I used AP twice. Both times I gave only one of the AP sheets, which they stamped and returned back.
more...
ita
11-01 01:44 PM
At the time of filing my application I just used one address.
Somehow I didn't know you could use Permanent address and current address.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
Somehow I didn't know you could use Permanent address and current address.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
hair Newsweek recently published a
Blog Feeds
11-13 04:10 AM
In response to the major delays with Labor Condition Applications (LCA's), the USCIS announced a temporary policy and procedural change regarding H1B petition filings. Effective November 5, 2009, H1B cases can be filed prior to the certification of the required Labor Condition Application (LCA). This change was necessitated by delays in LCA processing through the Department of Labor (DOL).
Here is how the new process will work. USCIS will begin to accept H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL�s email giving notice of receipt of the LCA.
Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. We welcome this new procedure and hope that it will expedite current H1B processing.
Read the USCIS memo here (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Nov%202009/Attachment%20to%20Temporary%20Acceptance%20of%20H-1B%20Petitions.pdf)
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_uscis_to_accep.html)
Here is how the new process will work. USCIS will begin to accept H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL�s email giving notice of receipt of the LCA.
Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. We welcome this new procedure and hope that it will expedite current H1B processing.
Read the USCIS memo here (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Nov%202009/Attachment%20to%20Temporary%20Acceptance%20of%20H-1B%20Petitions.pdf)
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_uscis_to_accep.html)
more...
achu
05-06 08:33 PM
I had similar situation few years back after my I-140 approved, but before applying I-485.
As long as your job title, description and place of work won't change, then you are ok. When you apply I485 or H1B ext, then your attorney must submit a document (successor of interest or similar document), telling that your role and place don't change.
As long as your job title, description and place of work won't change, then you are ok. When you apply I485 or H1B ext, then your attorney must submit a document (successor of interest or similar document), telling that your role and place don't change.
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newbie2020
08-26 04:02 PM
It may not be reliable source, By the way did u look at the Sep Visa Appointment at Mumbai Consulate, There is not a Single Employment based persons for the interview which may suggest that Visa numbers are infact over.
more...
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english_august
09-23 11:35 PM
That made me say "Well duh!" :o
Thanks guys.
Thanks guys.
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fundo14
06-20 01:00 AM
Today I got the approval for 7th year H1 extension
more...
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webm
08-24 10:09 PM
Guys,
Has anyone experienced this?
EB3-I
PD - Nov. 2005
EAD/AP RD - July 11th, 2008
EAD/AP Notice Date - July 18th, 2008
EAD/AP approved - Aug. 18th, 2008
I just received EADs for me and my spouse and the validity is only 1 year! Aren't we (people whose PDs are retrogressed) supposed to receive EADs with 2 years validity?
Did you filed 140 & 485 concurrently?? this is also one of the uscis check that you shouldn't filed be concurrently...
Gurus,Correct me if i am wrong..
Has anyone experienced this?
EB3-I
PD - Nov. 2005
EAD/AP RD - July 11th, 2008
EAD/AP Notice Date - July 18th, 2008
EAD/AP approved - Aug. 18th, 2008
I just received EADs for me and my spouse and the validity is only 1 year! Aren't we (people whose PDs are retrogressed) supposed to receive EADs with 2 years validity?
Did you filed 140 & 485 concurrently?? this is also one of the uscis check that you shouldn't filed be concurrently...
Gurus,Correct me if i am wrong..
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gc_chahiye
01-26 04:03 PM
My status on I-140 changed to "Request for Additional Evidence". Notice was sent only on 25th, so I don't have any more details yet.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
more...
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kowligi
07-28 12:33 AM
Guys,
I need your advice in this Regard. My wife is currently on an H-4 Visa (valid until June 2009) and she got her H1 petition approved yesterday. While applying for her H1 this Apr 2008 she was not in USA as she was in India at that time (she went to India for 4 months Feb-June 08). My questions are as below (in Bold)
1. I believe she should go to a US Consulate (we are thinking of going to Canada as we are Canadian Immigrants) before Oct 1, 2008 as she was not physically present in US when her H1 was being filed (correct me if I am wrong here)
2. She is planning to go to the US consulate in Vancouver in Sep 08 to get her H1 Stamped. So let�s say she goes on sep 3rd to attend the Visa Interview and gets her H1 stamped, when does the H1 visa validity actually start?
2a. Will the H1 visa validity start right away or in the last week of Sep? (I am guessing last week of sep..correct me if I am wrong)
2b. Will they cancel her existing H4 visa right away as they issued her a H1?
The reason I ask this, if her Visa Validity starts at the end of Sep can she come back to US on her existing H4 after she attends the H1 interview in the first week of sep.
3. I read in a previous post here that while your H1 processing is going on it is not advisable to travel out of US with H1 receipt number and no approval. As stated above my wife did travel from Feb 08 (before the H1 was filed in Apr 08) to June 08. We got the H1 B approval on July 27, 2008. So does this hamper her chances for getting her Visa Stamped when attending her Visa Interview in Vancouver?
4. Does anyone know how long the Visa Processing Times in Vancouver is?
Can the gurus or people who have faced similar situation please answer my queries above as I need to do the necessary ASAP.
Sorry if these questions are being repetitive as I was not able to find the relevant thread for my answers.
Thanks in Advance!!!
I need your advice in this Regard. My wife is currently on an H-4 Visa (valid until June 2009) and she got her H1 petition approved yesterday. While applying for her H1 this Apr 2008 she was not in USA as she was in India at that time (she went to India for 4 months Feb-June 08). My questions are as below (in Bold)
1. I believe she should go to a US Consulate (we are thinking of going to Canada as we are Canadian Immigrants) before Oct 1, 2008 as she was not physically present in US when her H1 was being filed (correct me if I am wrong here)
2. She is planning to go to the US consulate in Vancouver in Sep 08 to get her H1 Stamped. So let�s say she goes on sep 3rd to attend the Visa Interview and gets her H1 stamped, when does the H1 visa validity actually start?
2a. Will the H1 visa validity start right away or in the last week of Sep? (I am guessing last week of sep..correct me if I am wrong)
2b. Will they cancel her existing H4 visa right away as they issued her a H1?
The reason I ask this, if her Visa Validity starts at the end of Sep can she come back to US on her existing H4 after she attends the H1 interview in the first week of sep.
3. I read in a previous post here that while your H1 processing is going on it is not advisable to travel out of US with H1 receipt number and no approval. As stated above my wife did travel from Feb 08 (before the H1 was filed in Apr 08) to June 08. We got the H1 B approval on July 27, 2008. So does this hamper her chances for getting her Visa Stamped when attending her Visa Interview in Vancouver?
4. Does anyone know how long the Visa Processing Times in Vancouver is?
Can the gurus or people who have faced similar situation please answer my queries above as I need to do the necessary ASAP.
Sorry if these questions are being repetitive as I was not able to find the relevant thread for my answers.
Thanks in Advance!!!
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iheartindia79
12-05 01:37 AM
Check this out
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=189cf48f42466110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
What does this mean
"As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process."
What are the chances for the people who applied on July 1 ?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=189cf48f42466110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
What does this mean
"As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process."
What are the chances for the people who applied on July 1 ?
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matreen
12-16 07:33 PM
Hi there,
One of my friend who just finished his masters and in process of getting his OPT in hand, also he is planning to file his H1B visa in 2010.
While his status in OPT he got an oppertunity to own a corporation, my questions to you all as follows.....
1. Can he own a coroporation while his status on OPT? I know one can own a corporation if his/her status is on H1B.
2. If he own corporation with his current status (OPT) and if he files his H1B in year 2010; what issue might he face?
3. Are there any legal obligations to own a corporation while his status on OPT? Or does he require to take any extra measures / precautions to own this coporation?
Note: He just wants own this company and not plan to do anything much to it until he settles down and he wanted utilize this oppertunity.
I would really appreciate your answers.....
Thanks,
Matt
One of my friend who just finished his masters and in process of getting his OPT in hand, also he is planning to file his H1B visa in 2010.
While his status in OPT he got an oppertunity to own a corporation, my questions to you all as follows.....
1. Can he own a coroporation while his status on OPT? I know one can own a corporation if his/her status is on H1B.
2. If he own corporation with his current status (OPT) and if he files his H1B in year 2010; what issue might he face?
3. Are there any legal obligations to own a corporation while his status on OPT? Or does he require to take any extra measures / precautions to own this coporation?
Note: He just wants own this company and not plan to do anything much to it until he settles down and he wanted utilize this oppertunity.
I would really appreciate your answers.....
Thanks,
Matt
reddy75
01-15 10:12 AM
Hello guys,
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
alterego
01-29 12:08 AM
FP is not needed for EAD or AP.
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