Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
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sku
12-26 05:52 PM
^^^Bump^^^
ItIsNotFunny
11-06 09:37 AM
what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?
I heard once that there is a special category for parttime H1. Better check with attorney.
I heard once that there is a special category for parttime H1. Better check with attorney.
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a_yaja
03-02 09:09 AM
Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
more...
El Hacko
June 12th, 2006, 10:20 PM
I agree with Jliechty...Colorful photo Antoine but less bokeh and focus for all the berries in this one make it a winner. Got to say, the lighting and colors look great!
keaby
01-18 09:57 AM
I mailed my first EAD application in the last week of Dec/09.
Never thought it would take so long for receipting, and worried something wrong in my application..
Good to see others ...
Will wait further then..
Next time will go online..although it requires a trip to local office for biometrics
Never thought it would take so long for receipting, and worried something wrong in my application..
Good to see others ...
Will wait further then..
Next time will go online..although it requires a trip to local office for biometrics
more...
rsdang
08-22 11:46 AM
Sorry not the answer you are looking for but I remember them scanning the bar code and A# was on screen - cant remember it it was manually entered or popped up due to bar code scan...
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IneedAllGreen
06-22 09:48 PM
Thanks man. Appreciated.
INeedAllGreen
<today�s date>
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
<signature, name and designation of authorized person>
<company name>
INeedAllGreen
<today�s date>
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
<signature, name and designation of authorized person>
<company name>
more...
tc2007
05-08 05:53 PM
Hi
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
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cygent
06-18 08:03 PM
Dear Attorney,
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
more...
gcturbulance
06-22 10:41 AM
Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
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abcka111
05-14 01:35 AM
Any help from an attorney would be appreciated
more...
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pd_recapturing
05-31 09:16 PM
Are you sure, you are on H1B in US? Who did your H1B? You cant even write your question in plain simple English !!!
Hi
I am Hiren Working as software developer.
I have resign from company last week,
But company don't given me experience letter , relieving letter.
company simply refused my request and said to not possible.
In another company required this letter.
Also Company using illegal pirated software to make product ..
What i have to do?
What action i should take for this?
Kindly help me ...
Hi
I am Hiren Working as software developer.
I have resign from company last week,
But company don't given me experience letter , relieving letter.
company simply refused my request and said to not possible.
In another company required this letter.
Also Company using illegal pirated software to make product ..
What i have to do?
What action i should take for this?
Kindly help me ...
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BostonGCVictim
04-07 03:09 PM
This for supporting illegal immigrant causes. Supporting this is entirely upto you based on your beliefs but our issues as legal immigrants is not going to be addressed by them
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Blog Feeds
02-23 12:40 PM
Ah, the magical E-Verify solution. If we just required it for everything from getting a job to applying for any kind of government benefit and now qualifying for a mortgage, all would be right with America. In the mean time, innocent Americans are still getting caught in non-confirmation hell. For example, I'm trying to help a good friend who is a fourth generation American who inexplicably has been bounced in E-Verify. She has taken multiple trips to the Social Security Administration office and spent hours on the phone over the last several weeks trying to fix this glitch and yesterday...
More... (http://blogs.ilw.com/gregsiskind/2010/02/bill-introduced-to-extend-everify-to-mortgage-applicants.html)
More... (http://blogs.ilw.com/gregsiskind/2010/02/bill-introduced-to-extend-everify-to-mortgage-applicants.html)
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biznuge
03-02 08:34 AM
actually, after revisiting kinetic on youtube, your entry looks a bit more like the V for Vendetta version.
Nice work though man.
Nice work though man.
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bayarea07
07-21 09:26 PM
can anyone please respond to my query above.
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rockdanation
03-13 08:32 PM
the question is how can i file my own 485 when i don't have details about I140. Is there a way where by i can get this info. i need SRC number to file for my 485 and i am current. i am on EB2 , other country not India, China .
thanks
thanks
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hetuweb
01-25 08:23 PM
This is my situation friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
gc_in_30_yrs
09-16 08:11 AM
funny still interesting.
in order to reduce the crime rate, they should prolong the GC process!
in order to reduce the crime rate, they should prolong the GC process!
kumarr
04-08 01:19 PM
How long it take (in terms day) to receive actual RFE mail notice after LUD status update online about RFE?
No RFE so far. Like I said all I see is new LUDs and all the online messages on i-485 cases say "case received and pending" on all cases. All cases are at Nebraska.
No RFE so far. Like I said all I see is new LUDs and all the online messages on i-485 cases say "case received and pending" on all cases. All cases are at Nebraska.
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