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Blog Feeds
07-23 11:40 AM
U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
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vkotval
03-28 08:11 PM
Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?
Prashanthi
07-06 05:37 PM
your employer has to update your I-9 form with the EAD documentation, you need AP for travel only, you will not be deported if you change to EAD.
2011 2011-wiz-khalifa-x-ig-sean-
GCKaIntezar
01-03 09:25 AM
Just sent it via email.
more...
ivuser
02-19 01:06 PM
QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
PHANI_TAVVALA
12-15 07:31 AM
You should be good if the University (UNVA?) is currently unaccredited and has a future chance of accreditation. USCIS might be more lenient for a SEVIS registered school and approved to operate in the state by the respective state education board. Consult an attorney for legal advise.
more...
suttu
01-14 12:28 PM
Its been more than a month that my employer got the approval email but the lawyers say they never got the paper cert. In their opinion, now it is too late to expect the paper. They also say that it is impossible to get a duplicate cert from DOL.
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
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hebbar77
11-24 04:18 PM
My feeling was that there are No NEW jobs here in USA especially for immigrants. I felt jobs are slowly being offshored and new job creation was not catching upto that. This matches with unemployment numbers 10%+... Also I feel there are enough people looking for PROJECT while on H1B..
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
more...
chanduv23
09-25 09:53 AM
If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature
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coolman775
07-23 01:35 PM
Have you received finger print requests?
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
more...
bpratap
02-19 04:41 PM
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
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sanju_dba
03-10 10:59 AM
Any body has a soft LUD on approved EAD while I 485 pending.
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
more...
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danmansukh
02-06 11:05 AM
Question1) Is there anything like a H1Btransfer or is it a brand new application??
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
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rram555
01-26 03:27 AM
neither lawyer nor employer received Labor Hard Copy until today. I missed I-140 Premium
Processing because of Hard copy.
I signed one page of the original document (which the employer/lawyer should send to you)
before filing your I-140.
Thanks
Processing because of Hard copy.
I signed one page of the original document (which the employer/lawyer should send to you)
before filing your I-140.
Thanks
more...
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aristotle
03-14 02:37 PM
Guys I need your expertise and valuable answers on this:
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
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kilubilu46
07-24 10:20 PM
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
more...
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prav27
01-20 01:01 AM
Hi,
In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
What should be entered for H4 visa holder whose 485 has been filed.
And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?
Thanks
In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
What should be entered for H4 visa holder whose 485 has been filed.
And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?
Thanks
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roseball
10-10 01:10 AM
Sorry.. Subject should have been "Filing PERM During 6th year of H1"
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
Yes, you can start your GC process anytime. You have a safety net of an approved I-140 to get you H1 extensions. Yes, as long as there is a job which you are eligible for and the company is willing to sponsor you, there wont be any issues in applying.
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
Yes, you can start your GC process anytime. You have a safety net of an approved I-140 to get you H1 extensions. Yes, as long as there is a job which you are eligible for and the company is willing to sponsor you, there wont be any issues in applying.
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eastindia
04-21 11:13 AM
This is just politics and nothing else. He is basically a pro-immigrant and will become one after he wins the election.
Blog Feeds
07-29 05:30 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
javadeveloper
03-28 06:34 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
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