mrajatish
04-26 11:41 PM
That is just so wrong - you need BS and MS, it does not matter how long your MS takes.
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Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
uma001
08-31 01:25 PM
My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
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everonh1
06-26 06:09 PM
Thanks ameryki.
I checked the website- but most posts are for electronic filing.
Didnt see anyone posting more on Paper filing.
I checked out the awesome post by Dhundhun on E-filing/paper filing etc - he has done a great job posting good info on self filing EAD/AP.
Was just looking for responses from someone who did paper filing in recent past and also if he/she faced any issues etc.
I checked the website- but most posts are for electronic filing.
Didnt see anyone posting more on Paper filing.
I checked out the awesome post by Dhundhun on E-filing/paper filing etc - he has done a great job posting good info on self filing EAD/AP.
Was just looking for responses from someone who did paper filing in recent past and also if he/she faced any issues etc.
more...
eb3India
06-22 10:35 AM
Congradulations again to all those IV memeber who are getting Green card approvals and goodluck to all those members who are able to file their I485 and get EAD, just to be out of H1B /H4 clutches and one more step closer to green card
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
lecter
June 25th, 2004, 09:30 AM
I love Nikon because they are a perfect foil and competition for Canon.
I love their cameras and the photos I have seen the photographers take.
Unfortunately for their bottom line profit and sales, I got a d30 first!!!!
I love their cameras and the photos I have seen the photographers take.
Unfortunately for their bottom line profit and sales, I got a d30 first!!!!
more...
ssa
08-22 11:28 AM
My 485 was filed at CSC and later transferred to NSC (WAC receipt). My PD is Jan 2005. Still waiting..
I talked to IO using POJ method yesterday.The IO told me that receipts starting WAC will be processed according to CSC processing time which is at May 2006 for 485 currently! Does anybody know if this is really true or just that one IO not knowing what he was talking about? I know someone has raised this issue on some other thread earlier but till yesterday I did not personally hear this reply. I had called USCIS couple of times before and they all told me USCIS will process my application as per NSC processing time and as per my RD (not ND) till yesterday!
I talked to IO using POJ method yesterday.The IO told me that receipts starting WAC will be processed according to CSC processing time which is at May 2006 for 485 currently! Does anybody know if this is really true or just that one IO not knowing what he was talking about? I know someone has raised this issue on some other thread earlier but till yesterday I did not personally hear this reply. I had called USCIS couple of times before and they all told me USCIS will process my application as per NSC processing time and as per my RD (not ND) till yesterday!
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tammman
11-11 11:08 PM
I have to renew my passport since it is expiring next month.
What is the specification for the passport photo? It it 2inch x 2inch or
is it 3.5cm by 3.5cm
I was preparing to use the same as that of GC process, 2inch x 2inch
but now I need to check this out...
DOES ANYONE KNOW IF WE NEED TO TAKE A PREPAID POSTAGE ENVELOPE ? even if u attending in person..
I'm going to SFO counsulate
What is the specification for the passport photo? It it 2inch x 2inch or
is it 3.5cm by 3.5cm
I was preparing to use the same as that of GC process, 2inch x 2inch
but now I need to check this out...
DOES ANYONE KNOW IF WE NEED TO TAKE A PREPAID POSTAGE ENVELOPE ? even if u attending in person..
I'm going to SFO counsulate
more...
gc_aspirant_prasad
11-14 08:00 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
One number for you : "300" !
800k will make majority jumping and fighting.
what is real number again??
One number for you : "300" !
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ItIsNotFunny
11-11 07:54 AM
Please send mails to fight AC21 injustice:
http://immigrationvoice.org/forum/showthread.php?t=22182
http://immigrationvoice.org/forum/showthread.php?t=22182
more...
qasleuth
05-04 08:09 PM
Folks from Ohio,
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
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extra_mint
04-18 11:20 AM
Keep monitoring the visa bulletin and when your date (Dec-2006) becomes current you can apply for your wife's 1485 (means u can add her to your application).
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
more...
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aksvk
09-22 11:40 PM
May be you should try to help, if not then keep shut! ?D...A... hasnt heard about typing errors!
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tabletpc
03-27 03:54 PM
No stages ..only worries and surprises...!!!!
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wandmaker
08-26 10:49 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
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kirupa
04-29 03:03 PM
Added them all up ;)
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imh1b
11-12 02:22 PM
Do you know Ozone layer depletion is because of Anti-Immigrants?
These anti-Immigrants are all mostly Jobless people who are incompetent in their jobs. They are lazy fat bums who sit on their a$$ and fart all day from behind as well as from their mouth using hate speech. This has caused too much of harmful gases in atmostphere and have depleted ozone. Their extra weight has sunken many couches and added a lot of broken couches in junkyards. These disposed couches are adding extra weight on the earth and causing earth to sink 1 milimeter every year. A new study will soon be reported in the Onion news.
:)
These anti-Immigrants are all mostly Jobless people who are incompetent in their jobs. They are lazy fat bums who sit on their a$$ and fart all day from behind as well as from their mouth using hate speech. This has caused too much of harmful gases in atmostphere and have depleted ozone. Their extra weight has sunken many couches and added a lot of broken couches in junkyards. These disposed couches are adding extra weight on the earth and causing earth to sink 1 milimeter every year. A new study will soon be reported in the Onion news.
:)
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perm2gc
12-20 06:24 PM
publish:
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
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bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
jangolouis
03-19 10:55 AM
I went for H1B stamping, but i know a friend of mine went for F1 (PhD) extension and had to go through the same process. I called Dept. of State multiple times, dont expect a polite response. They may even say it may take years. Thats what they told me the day before i got the visa. Dont worry your wife will get the visa eventually. Tell her to enjoy India in the mean time like i did on my forced vacation.
gc_chahiye
07-22 04:42 PM
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
for what its worth I printed mine single sided. I hope USCIS is not as nitpicky as your lawyer. I printed in black ink, maybe if it was pink or green or orange they might raise an eyebrow, otherwise I hope they dont really care
double sided with Flip to Top option.
Did anyone else do the same?
for what its worth I printed mine single sided. I hope USCIS is not as nitpicky as your lawyer. I printed in black ink, maybe if it was pink or green or orange they might raise an eyebrow, otherwise I hope they dont really care
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