amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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gapala
03-27 06:34 PM
I don't know about legal risks but health-wise that sounds quite risky.
I can't believe to what extent some people will go to earn money!
Boss, don't make yourself a guinea pig. No amount of money is worth it.
If every one thinks like you, how in the world would drugs be developed to cure the diseases? :D :) Note that before any drugs gets to the stage of human subjects research, it would have completed several trials to ensure that its safe. Adverse events may happen during the trial but in recent studies, not many.
Generally, there will be an orientation and screening before enrollments, you will get all the information at that stage and you may choose not to enroll or if you have any particular condition identified during screening, you will not even be enrolled.
Risks are very minimum. Good luck.
I can't believe to what extent some people will go to earn money!
Boss, don't make yourself a guinea pig. No amount of money is worth it.
If every one thinks like you, how in the world would drugs be developed to cure the diseases? :D :) Note that before any drugs gets to the stage of human subjects research, it would have completed several trials to ensure that its safe. Adverse events may happen during the trial but in recent studies, not many.
Generally, there will be an orientation and screening before enrollments, you will get all the information at that stage and you may choose not to enroll or if you have any particular condition identified during screening, you will not even be enrolled.
Risks are very minimum. Good luck.
Marphad
08-03 01:13 PM
Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
Its really a shame that corruption is attached with immigration too. But its everywhere!
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
Its really a shame that corruption is attached with immigration too. But its everywhere!
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fromnaija
06-28 03:52 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
As long as you get married before your I-485 is approved, you can file a 'follow-to-join' petition for your spouse when your priority date becomes current. You will need to submit I-824 when your PD becomes current. Your spouse will obtain an immigrant visa overseas after the petition is approved.
You may contact an immigration attorney if you cannot file this on your own and require help.
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
As long as you get married before your I-485 is approved, you can file a 'follow-to-join' petition for your spouse when your priority date becomes current. You will need to submit I-824 when your PD becomes current. Your spouse will obtain an immigrant visa overseas after the petition is approved.
You may contact an immigration attorney if you cannot file this on your own and require help.
more...
royus77
04-23 06:21 PM
I was laid off by my employer( Big staffing company) and i am in the 2 weeks notice period . I am looking for any company( desi one - reasonable) who can sponsor my H1B and also start the GC process immediately .They should be able to work with most of the vendor ( corp-corp)
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
greencard_fever
08-08 01:01 PM
Folks,
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
more...
HRPRO
01-25 06:29 AM
As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.
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cableman
06-12 03:37 PM
Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
more...
roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
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ravise
08-13 12:42 PM
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gc_kaavaali
07-09 12:45 PM
thank you very much for all your replies.
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njboy
09-22 11:07 PM
You wrote-"(I am certified in both the subject)"
I am certified in both the subjects
Maybe you should attend some ESL classes yourself before teaching it.
I am certified in both the subjects
Maybe you should attend some ESL classes yourself before teaching it.
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immigqindenver
03-15 02:24 AM
Hi Guys,
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
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lostinbeta
10-04 01:37 AM
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eager_immi
03-27 03:14 PM
Yes, a friend of mine was not given her VISA they did not say denial instead said they needed to further confirm her qualifiactions and field of research. This is bc she works in boitech and at that point there was the anthrax scare.
Hi,
Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?
I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?
Thanks
Hi,
Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?
I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?
Thanks
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theshiningsun
06-15 09:38 PM
hi attorneys,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
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10-20 09:42 PM
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gchandu
07-20 12:27 PM
Yes it happened to me, I didnt loose my internet connection that time but simply forget to change address on my pending 485 applications :)
Called the USCIS customer service center and one of the representative did update manually. Yes you can also do that for sure
Thanks
Chandu
Hi there,
I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.
I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.
Please let me know if anybody was in the similar situation.
Thank you!!!
Called the USCIS customer service center and one of the representative did update manually. Yes you can also do that for sure
Thanks
Chandu
Hi there,
I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.
I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.
Please let me know if anybody was in the similar situation.
Thank you!!!
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smartboy75
08-25 04:51 PM
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
Blog Feeds
05-12 05:20 PM
The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
India76
03-02 09:52 AM
Wow, This is good to know that at POE they can allow to stay more than the visa expiry date. Thanks.
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