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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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immig4me
06-30 11:07 AM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
DallasBlue
07-31 08:23 PM
http://immigrationvoice.org/forum/showthread.php?p=102776
Washington Evaluation Services (Washington Evaluation Service)
210 Justice Ct Ne, Washington, DC 20002-5755, United States (Map) (Add Company Info)
Phone: (202) 543-2595
Contact Name:Terry Erb
you can also try:
Trustforte ( www.trustforte.com)
good luck
--disclaimer: just personal view, do your research.
Washington Evaluation Services (Washington Evaluation Service)
210 Justice Ct Ne, Washington, DC 20002-5755, United States (Map) (Add Company Info)
Phone: (202) 543-2595
Contact Name:Terry Erb
you can also try:
Trustforte ( www.trustforte.com)
good luck
--disclaimer: just personal view, do your research.
2011 Star Wars:
ns521
01-08 04:09 PM
I sent the applications(I-140,I-485,I-131,I-765)to Nebraska center more than 3 weeks ago and it was received by them the next day(because I tracked the FedEx package).Until today,no receipts yet and my checks are not cashed yet and the receipting update says Current for Nebraska,so what's the meaning of "current"in receipting update if no receipts yet after 3 weeks?is there something wrong?
Thanks
Thanks
more...
paddy.
06-24 06:37 PM
Grinch got my my vote. His second volley with the light burst is fantastic looking. Nice work guys keep it up.
sundar99
02-26 09:32 PM
Folks,
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
more...
priderock
08-02 04:57 PM
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
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vishwak
02-24 10:09 AM
Get some nice Attroney and you need to get Education Evalution properly.
It should clearly show your credentials etc.
It should clearly show your credentials etc.
more...
validIV
03-06 10:31 AM
Its been a long time since Ive been on F-1 and I'm sure some of the rules have changed.
F-1 from my understanding can be extended beyond 2 years, usually 4 years was the norm. Some F-1s were even open ended, there was no limit stated on the F-1 visa itself. In my case I did OPT on my 4th year.
Are you graduating or intending to continue your education? I think it would be hard for you to come back to the US after your F-1 expires if you only have OPT and have no plans or did not file to extend your F-1, or graduate. You may be turned back at a POE.
I suggest you talk to a lawyer or your school about renewing your F-1. Usually schools that take international students have an Foreign Students department that can help give you advice or even file the change for you.
F-1 from my understanding can be extended beyond 2 years, usually 4 years was the norm. Some F-1s were even open ended, there was no limit stated on the F-1 visa itself. In my case I did OPT on my 4th year.
Are you graduating or intending to continue your education? I think it would be hard for you to come back to the US after your F-1 expires if you only have OPT and have no plans or did not file to extend your F-1, or graduate. You may be turned back at a POE.
I suggest you talk to a lawyer or your school about renewing your F-1. Usually schools that take international students have an Foreign Students department that can help give you advice or even file the change for you.
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tonyHK12
11-05 11:23 AM
Does that not indicate a problem that needs to be fixed instead of ignored as you have done Philip Wolgin?
Good job Philip Wolgin, completely ignored the Employment based category haven't you?
Lets just build the future of the country with school kids, uncles, aunties, refugees and farmers.
Who needs Intelligent and skilled workers anyway that can speak out against such stupidity.
Good job Philip Wolgin, completely ignored the Employment based category haven't you?
Lets just build the future of the country with school kids, uncles, aunties, refugees and farmers.
Who needs Intelligent and skilled workers anyway that can speak out against such stupidity.
more...
snathan
02-21 07:32 PM
You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.
The PERM is already denied and you can not get the extension based on the denied PERM.
The PERM is already denied and you can not get the extension based on the denied PERM.
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mariner5555
04-29 04:00 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)
more...
house The text for the back cover
trump_gc
06-28 10:28 AM
Thats fine. What you have is much better than what most of us have. Just get an affidavit from her parents or relatives, stating the correct full name etc. That will do it. But do get an affidavit, if u want to avoid RFE later on!
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baba84
04-28 08:17 AM
could you be a little more specific as to what "a" and "b" or "h" are addressing.
more...
pictures of the Star Wars saga.
va_dude
05-06 02:53 PM
Most states would have domicile requirements that require you to have resided in the state for x number of months/years.
It could be as little as 1 year.
In VA its 1 year.
It could be as little as 1 year.
In VA its 1 year.
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Maqrkk
06-22 07:39 AM
You have my vote, awesome picture!
more...
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coolpal
02-17 10:25 AM
You can stay in the US until the decision is made on your H1B application, and you can legally work (for the same employer) for up to 240 days from your application date if the case is in pending state.
Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.
And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.
As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.
Cheers..
pal :)
Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.
And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.
As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.
Cheers..
pal :)
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JazzByTheBay
09-07 02:34 PM
..for more videos later through the weekend.
http://morejazzbythebay.wordpress.com/
cheers!
jazz
http://morejazzbythebay.wordpress.com/
cheers!
jazz
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ruski_flasher
08-01 11:07 PM
not being rude, but are you the voice of- http://www.fat-pie.com/salad2.htm?
Charleh
11-30 11:04 AM
Well I'm not sure about datalists but assuming you have edited the object in memory the binding should reflect the edits. If not I usually just write a Requery method which queries the data source again and rebinds the offending control
You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).
It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)
You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).
It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)
bugsbunny
04-05 06:14 PM
I never entered the US in the first place.
You can try to move existing visa to the new employer if it has not been revoked by the employer. If you are not working for them...they are supposed to revoke it.
The process for moving to a new employer with existing visa is almost the same as applying for a new one except that you are not subject to the annual cap of 65K
Considering that you have the old employer stamped on your visa...it will cause confusion at the airport or POE and they might send you back
Its better to file a new application since you are not in the US
You can try to move existing visa to the new employer if it has not been revoked by the employer. If you are not working for them...they are supposed to revoke it.
The process for moving to a new employer with existing visa is almost the same as applying for a new one except that you are not subject to the annual cap of 65K
Considering that you have the old employer stamped on your visa...it will cause confusion at the airport or POE and they might send you back
Its better to file a new application since you are not in the US
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