uw2010
07-06 05:06 PM
I Just heard back from my Fortune 500 company that they will accept the replacement card receipt notice...so it may work. It will help to specifically ask the HR/Lawyer to check the Receipt rule.
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goosetavo
04-08 10:58 AM
A group of volunteers from OneAmerica (a local pro-immigrant non-profit associated with the Reform Immigration for America Campaign) and I visited the offices of Senators Murray and Cantwell (both D-WA) in the last week. We met with their outreach directors for our county and presented them with almost 1000 signatures of Microsoft employees impacted by retrogression. We also gave them a presentation similar to the one IV gave back in 2006-2007.
They were frank with us, both senators are our allies but they are not sure if they will tackle immigration, financial reform or energy/climate change reform before the Nov. elections. However, they said they will try to keep us in the loop and give our docs to the senators. We will not let up and will keep pinging them for action.
They thanked us for showing up and providing some great personal stories to back up our petitions. They also asked us to keep in touch in case they need compelling stories to help promote all aspects of CIR.
Let's keep visiting lawmakers and help them commit to CIR this year!
They were frank with us, both senators are our allies but they are not sure if they will tackle immigration, financial reform or energy/climate change reform before the Nov. elections. However, they said they will try to keep us in the loop and give our docs to the senators. We will not let up and will keep pinging them for action.
They thanked us for showing up and providing some great personal stories to back up our petitions. They also asked us to keep in touch in case they need compelling stories to help promote all aspects of CIR.
Let's keep visiting lawmakers and help them commit to CIR this year!
number30
03-15 07:52 PM
hi all
I plan to probably file under the EB2 category soon- I know EB1 and EB2 can be filed separately, however can a EB2 regular and a EB2 with NIW application both be filed separately as well?
Need to know this asap, so would appreciate a reply, Thank You!
You can file as as many as I-140 and I-485 as possible at a time provided priority dates are current.
I plan to probably file under the EB2 category soon- I know EB1 and EB2 can be filed separately, however can a EB2 regular and a EB2 with NIW application both be filed separately as well?
Need to know this asap, so would appreciate a reply, Thank You!
You can file as as many as I-140 and I-485 as possible at a time provided priority dates are current.
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we_can
01-29 04:50 PM
i just noticed your post. i am from portland, oregon. so count me in also. i had posted a message on the orgon state chapter a while ago and have not had a single response yet. Inspite of the large numbers of members in seattle and portland areas, i too am sad to see to this kind of inactivity and non-response.
members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.
we_can
members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.
we_can
more...
bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
dreeft
04-08 10:40 PM
*runs through database*
more...
Nikith77
03-25 06:28 PM
why dont you call the head branch in USA, and ask them if you can use this degree for immigration.
Cause I have my MS from NEWPORT and when I asked them if I can ues it for my GC then they told me that it cannot be used for immigration.
hope this will help you.
Cause I have my MS from NEWPORT and when I asked them if I can ues it for my GC then they told me that it cannot be used for immigration.
hope this will help you.
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gcpool
11-27 12:09 PM
Once every check is completed it goes into a queue and then every month a list goes to an officer based on the priority date and visa availability
The best thing is to call them as soon as the processing dates go past your application date. Call them to find out about ur case. At that time they are open about ur case. They will let you know exactly if your name check is cleared.
They also mentioned that once everything is in place the files goes to the office and then it might take up to 90 days for the officer to make a decision.
The best thing is to call them as soon as the processing dates go past your application date. Call them to find out about ur case. At that time they are open about ur case. They will let you know exactly if your name check is cleared.
They also mentioned that once everything is in place the files goes to the office and then it might take up to 90 days for the officer to make a decision.
more...
nhfirefighter13
June 10th, 2004, 10:18 PM
A few more....
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gcdreamer05
08-27 02:56 PM
hi my wife had filed 485 on aug 2nd, we got the receipts aug 23rd monday.
Hope this helps...
We filed at TSC.
Also I got my GC approved today, i had filed 485 during july fiasco.
Hope this helps...
We filed at TSC.
Also I got my GC approved today, i had filed 485 during july fiasco.
more...
msp1976
03-05 07:01 AM
He can file the H4 extension based on the H1B extension application receipt...
Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
As long as H4 extension is filed, wife's status is valid....
Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
As long as H4 extension is filed, wife's status is valid....
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fasterthanlight�
05-09 03:34 PM
The leaf should be bigger, and in the center!
more...
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martinvisalaw
06-09 01:05 PM
You need to file a COS from H-4 to H-1B. You cannot work until the H-1B is approved, because you are not in H-1B status now and therefore cannot use H-1B portability rules. You will not be subject to the cap since you have held H-1B status withing the past 6 years, and presumably not used a full 6 years.
Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.
By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.
Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.
By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.
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kgaurav77
04-05 02:51 AM
Hi,
My employer applied for my PERM and i-140 in 2005 in the EB-2 category. Both were approved.
In 2007, I left my employer to pursue an MBA, and converted my H-1B to F-1 visa. Now I am planning to return to my old employer.
I would like to know whether
a) if my employer did not revoke my i-140, is my old PERM still vaild? Can I apply for a new I-140 and a new I-485 using my old approved PERM.
b) if my employer did revoke my i-140, is my old PERM still vaid? I know I can retain the priority date, but was wondering what is the status of my old PERM?
Any help is appreciated.
I know that PERM is valid only for 180 days, and an i-140 has to be filed within that time, which was done in my case. However, does the law say anything about PERM validity if the i-140 is revoked?
My employer applied for my PERM and i-140 in 2005 in the EB-2 category. Both were approved.
In 2007, I left my employer to pursue an MBA, and converted my H-1B to F-1 visa. Now I am planning to return to my old employer.
I would like to know whether
a) if my employer did not revoke my i-140, is my old PERM still vaild? Can I apply for a new I-140 and a new I-485 using my old approved PERM.
b) if my employer did revoke my i-140, is my old PERM still vaid? I know I can retain the priority date, but was wondering what is the status of my old PERM?
Any help is appreciated.
I know that PERM is valid only for 180 days, and an i-140 has to be filed within that time, which was done in my case. However, does the law say anything about PERM validity if the i-140 is revoked?
more...
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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)
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gchopes
11-23 11:43 AM
Can I apply for H1B stamp on the same H1B approved petition (not yet extended since I still have a year remaining on it) that I had when I returned on AP last year instead of H1B stamp? The reason to apply for H1B stamp this time is because of AP delay. I am hoping this memo says yes. Any thoughts?
Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.
Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.
more...
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logo
09-12 12:24 PM
I looked at the link and it says:
Texas Service Center Filings
Mail your package to the Texas Service Center if you live in the following states:
AL, AR, CT, DE, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC
Does it mean that Imy application was filed in a wrong service center since I live in Minnesota?
Texas Service Center Filings
Mail your package to the Texas Service Center if you live in the following states:
AL, AR, CT, DE, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC
Does it mean that Imy application was filed in a wrong service center since I live in Minnesota?
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belmontboy
07-03 09:09 PM
Hi All,
Need some piece of advice. My H1B is expiring on 07-15-08, On July 2nd my I-140 was filed in premium processing. My LC is not 365 days old, so i need I-140 to apply for 3 year extension of my H1. Since it takes max of 15 calander days for I-140 to go through it may protentially get approved on July 18th and the approval may arrive in a week after that. Since I dont have a basis for requesting H1 extension , I am wondering how I can stay in status from 15th July till i get I-140 approved.
Any ideas?
Appreciate your response.
you can reclaim the vacation time that you spent while you were on H1B.
Please consult some experienced lawyer.
Need some piece of advice. My H1B is expiring on 07-15-08, On July 2nd my I-140 was filed in premium processing. My LC is not 365 days old, so i need I-140 to apply for 3 year extension of my H1. Since it takes max of 15 calander days for I-140 to go through it may protentially get approved on July 18th and the approval may arrive in a week after that. Since I dont have a basis for requesting H1 extension , I am wondering how I can stay in status from 15th July till i get I-140 approved.
Any ideas?
Appreciate your response.
you can reclaim the vacation time that you spent while you were on H1B.
Please consult some experienced lawyer.
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guest_?
08-12 09:04 PM
I have been trying to access the mexico visa appointment website at http://visa-usa.com.mx but it is not available for the past fortnight. Is it down or has it changed to a new website. Could please someone let me know. Thanks for your help.
HRPRO
04-01 02:12 PM
When you apply for the transfer, you can apply for a 3 year tenure
garybanz
09-28 06:10 PM
Will call in, thanks for scheduling this call.
IMPORTANT
---------
Texas IV Members Conference Call
--------------------------------
WHEN: Saturday, September 29th, 2007 @ 12:00 PM NOON
HOW TO DIAL IN?
Call this number - 785-686-2400
Please join the Texas State Chapter and obtain the PIN.
See ya'll tomorrow
Click and Join TEXAS IV Today:
http://www.mediafire.com/imgbnc.php/48d0fadee43b84bf09d39e8be585e4c46g.jpg (http://groups.yahoo.com/group/texasiv)
IMPORTANT
---------
Texas IV Members Conference Call
--------------------------------
WHEN: Saturday, September 29th, 2007 @ 12:00 PM NOON
HOW TO DIAL IN?
Call this number - 785-686-2400
Please join the Texas State Chapter and obtain the PIN.
See ya'll tomorrow
Click and Join TEXAS IV Today:
http://www.mediafire.com/imgbnc.php/48d0fadee43b84bf09d39e8be585e4c46g.jpg (http://groups.yahoo.com/group/texasiv)
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