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03-08 01:00 PM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
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IWannaBeHowdy
08-04 08:10 PM
Hello All,
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
onemorecame
07-18 11:48 AM
I am in a complicated situation...
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
I have one question that whether you can file 2 I-485 or not?
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
I have one question that whether you can file 2 I-485 or not?
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iol_joh
07-30 06:25 PM
I am on my 9th year extension of my H1B. I have to leave to my home country at a short notice. I have H1B stamped on my passport. However it expires at the end of September. I may not be back until the first week of September.
I have already filed for my H1B extension and I am waiting for my Receipt notice.
Will there be any issue coming back into US when my visa stamped on my passport is valid for less than a month. I don't think my extension will be processed by then.
Anyone on this forum who has had similar experience in the past?
Thanks for your response in advance.
I have already filed for my H1B extension and I am waiting for my Receipt notice.
Will there be any issue coming back into US when my visa stamped on my passport is valid for less than a month. I don't think my extension will be processed by then.
Anyone on this forum who has had similar experience in the past?
Thanks for your response in advance.
more...
komaragiri
07-17 03:12 PM
Looks like talks failed, now AILA focusing on Lawsuit..
sertasheep
06-17 12:58 PM
NJ Members who are in the process of filing I-140s after May 2007, please write to sertasheep AT immigrationvoice.org (replace AT with @) with details, and a phone contact number, with the subject line "NJ member, filing I-140 after May 2007"
more...
Butters
04-08 06:12 PM
That's sweet, nice one :thumb:
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subba
01-03 03:10 PM
In general, I see a lot of members quoting stuff that indicates shortage of tech workers and saying we should use them.
While this is true, it is worth understanding/appreciating the fact that most of these articles are aimed towards increasing H1 quota and not necessarily improving EB retrogression.
We should be a little careful which articles we use.
Hi,
The following is an article I read and want to share with fellow GC seekers. This clearly indicates that there is a real big need for Tech workers in US and companies are finding difficult to fill the vacancies.
http://www.datawarehouse.com/article/?articleid=6816
I hope IV may be able to get in touch with researcher and get more detailed information. This may also help them while meeting House Reps and Congressmen.
nlssubbu
While this is true, it is worth understanding/appreciating the fact that most of these articles are aimed towards increasing H1 quota and not necessarily improving EB retrogression.
We should be a little careful which articles we use.
Hi,
The following is an article I read and want to share with fellow GC seekers. This clearly indicates that there is a real big need for Tech workers in US and companies are finding difficult to fill the vacancies.
http://www.datawarehouse.com/article/?articleid=6816
I hope IV may be able to get in touch with researcher and get more detailed information. This may also help them while meeting House Reps and Congressmen.
nlssubbu
more...
freedom_fighter
06-24 11:00 AM
^bump^
anyone?
anyone?
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dollar500
08-14 08:59 PM
^^^^^^^^^bump>>>>>>>>>
more...
cherylfoster
12-27 03:15 PM
If you wish to travel to England to travel to another destination without going through the Danish border and you have no right to carry in the UK without a visa, you need a direct airside transit visa, unless exemptions they direct airside transit visa. If you are a visa national and you pass through immigration control because you stop in the United Kingdom for over 24 hours you should use a visitor in transit visa.
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Norristown
11-19 03:49 PM
Same thing happened to my wife's EAD.
USCIS did a mistake on address (forgot to include apt #) and it was returned undeliverable.
Called USICS and spoke to IO , she told us that she will order to resend again.
After 30 days still not received.
Called again USCIS, this time they opened a Service Request and asked us wait for another 25 days.
I am not sure what can we do about it.
We have received all receipts and AP.
It would creat problem if somebody has job waiting and they don't have EAD.
USCIS did a mistake on address (forgot to include apt #) and it was returned undeliverable.
Called USICS and spoke to IO , she told us that she will order to resend again.
After 30 days still not received.
Called again USCIS, this time they opened a Service Request and asked us wait for another 25 days.
I am not sure what can we do about it.
We have received all receipts and AP.
It would creat problem if somebody has job waiting and they don't have EAD.
more...
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rexjamla
07-10 01:23 PM
I send all the info including Fedex receipt to AILF for including me as plaintiff
last week. My 485 application received by NSC on July 2 around 10 am.
My attorney havent received it back as rejected yet.
Thanks!
last week. My 485 application received by NSC on July 2 around 10 am.
My attorney havent received it back as rejected yet.
Thanks!
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darslee
07-07 11:56 AM
I think that is a very good idea....:)
more...
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genroxbro
07-28 03:59 PM
Im having some issues with the marquee control, as soon as I put it in a project I want to use it in, I get the following runtime error: InvalidOperationException - _brushTransform name cannot be found in the name scope of System.Windows.Shapes.Rectangle.Any ideas?
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uma001
10-10 08:50 AM
Do you have project in hand already?
What do you mean by you need to start the ' job' on Octt 25..Is that mean you need to join the client for project??
You can always say different at embassy because they dont know your start date
What do you mean by you need to start the ' job' on Octt 25..Is that mean you need to join the client for project??
You can always say different at embassy because they dont know your start date
more...
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sunny1000
12-20 11:46 PM
Yes, you can use it for multiple entries (The I-512L should say "this is valid for multiple entries" or something to that effect). But, please be prepared to answer the questions (if any) on what is the necessity to travel on an AP 3 times within the year. If it is on business, that is perfectly within the stated rule. But, if it is vacation, you may be questioned (that is dependent on the individual officer).
http://www.uscis.gov/files/form/i-131instr.pdf
Please read the above instructions about how it has been mentioned that the AP be used sparingly and not in lieu of a visa.
http://www.uscis.gov/files/form/i-131instr.pdf
Please read the above instructions about how it has been mentioned that the AP be used sparingly and not in lieu of a visa.
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subri
01-05 12:59 PM
Am currently on h4.my husband filed new h1b for me in april 2009 and it got approved in August 2009.
But when he filed my h1b i was in india.
i came to us on June 2009 on H4 visa.
can i go ahead and apply for change of status from h4 to h1b and start working.or else should i have to get my h1b stamped before i start my work.please advice.
thanks,
subri.
But when he filed my h1b i was in india.
i came to us on June 2009 on H4 visa.
can i go ahead and apply for change of status from h4 to h1b and start working.or else should i have to get my h1b stamped before i start my work.please advice.
thanks,
subri.
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harrydr
12-07 04:46 PM
Hello,
Basic question to my current situation and my plans for the future.
If i wait until my PD becomes current for me to file I-485 and once filling is done and i wait 6 months from the filling date to change my job,
1. Am i limited to change jobs only in the same corporation.
2. If not and i decide to start a new job (after 6 months of filling I-485 obviously) with a new corporation can the old company revoke my I-140 and I -485.
3. If yes, then does that mean i would have to start fro the beginning with the new company for my GC processing??
Thanks in advance for answering this complex situation.
Basic question to my current situation and my plans for the future.
If i wait until my PD becomes current for me to file I-485 and once filling is done and i wait 6 months from the filling date to change my job,
1. Am i limited to change jobs only in the same corporation.
2. If not and i decide to start a new job (after 6 months of filling I-485 obviously) with a new corporation can the old company revoke my I-140 and I -485.
3. If yes, then does that mean i would have to start fro the beginning with the new company for my GC processing??
Thanks in advance for answering this complex situation.
cox
June 25th, 2005, 09:36 AM
The light never really got good this morning. There were too many clouds, and I couldn't get the light and shadow I wanted. Here's what I came up with. Let me know what I could have done to improve them. Thanks!
http://www.dphoto.us/forumphotos/data/931/medium/Golden_Gate_sm_C_062505JP8X2505.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/931/medium/Alcatraz_sm_C_062505JP8X2483.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/931/medium/Golden_Gate_sm_C_062505JP8X2505.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/931/medium/Alcatraz_sm_C_062505JP8X2483.jpg (javascript:;)
h1b_forever
02-04 03:23 PM
You can get the visa the same day, no appointment required. You will need to be there early in the morning
Make sure all the documents are the latest
Make sure all the documents are the latest
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