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08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
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muthukmk
08-03 04:25 PM
Are u sure that we have to withdraw old EB3 case. My understanding is that u can file a fresh EB2 and use the old EB3 priority date.
Experts please clarify
Experts please clarify
teky
11-12 03:57 PM
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
2011 Taylor+swift+2011+grammys+
Libra
07-10 09:52 PM
I think he is just kidding, he might want to see how people will react:D
great...if thats true.. mine goes to one service center and my wife's goes to another
great...if thats true.. mine goes to one service center and my wife's goes to another
more...
cbpds
05-27 05:13 PM
I know someone who did not pay the bill but returned to US without any questions
disclaimer: may vary from case to case
My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
disclaimer: may vary from case to case
My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
pappu
08-18 01:03 PM
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
HOLY COW !!!!
This is so awesome!!!
we are going to save as many as 30 days from the total of 6-8 years of our green card process.
http://www.immigration-law.com
--must be of great help
-Rao.
HOLY COW !!!!
This is so awesome!!!
we are going to save as many as 30 days from the total of 6-8 years of our green card process.
more...
akred
05-26 07:27 PM
I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
2010 Taylor Swift
mbartosik
03-11 09:42 PM
Here are a bunch of links showing abuse of some of us H1Bs.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
more...
chanduv23
09-15 06:45 PM
Just one day at DC will make a huge difference in your lives.
You have to be there to experience it.
You have to be there to experience it.
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raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
more...
ss_col
08-13 01:15 PM
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
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karthkc
03-18 01:37 PM
If I work on EAD for company XYZ then will I loose my H1B with company ABC?
Yes. Your H1B will be invalidated if you start work on EAD....
Yes. Your H1B will be invalidated if you start work on EAD....
more...
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mrsr
08-03 09:42 PM
Today nebraska issued total 4234 cases which includes all kinds of applications.
last Lin numuber is lin0722554234
:)
last Lin numuber is lin0722554234
:)
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roseball
07-27 04:32 AM
She should be fine....Even if your wife's petition is not filed you have 180 days to submit the application after your I-485 is approved....There was a separate thread which discussed this in detail...You can seach for it....
more...
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krishna_brc
01-29 12:47 PM
USCIS might be processing the applications in the order of recipt date
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
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nkavjs
09-25 02:12 PM
me 2
more...
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waitin_toolong
10-29 02:10 PM
Guys....
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
girlfriend Taylor Swift is in the UK this
redds777
08-25 10:28 AM
Anyone?
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
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riva2005
05-21 01:40 PM
Immigration in United States is a soveriegn issue of this country and foriegn governments cannot do anything about it. In fact, it would be offensive for Indian Govt to advice US congress to do something regarding immigration.
Kamalnath, India's commerce minister tried to meddle in British Parliament when they changed visa rules for Indian Doctors. The British Parliament warned him and asked him to BACK OFF.
Immigration is not a trade issue. There is not deal between 2 nations on immigration. We are not talking about crude oil or soybeans trading.
Please end this discussion here. It looks really naive of us to even think like this.
Kamalnath, India's commerce minister tried to meddle in British Parliament when they changed visa rules for Indian Doctors. The British Parliament warned him and asked him to BACK OFF.
Immigration is not a trade issue. There is not deal between 2 nations on immigration. We are not talking about crude oil or soybeans trading.
Please end this discussion here. It looks really naive of us to even think like this.
eyeopeners05@yahoo.com
04-30 02:25 PM
I thought we could do a AC21 for h1b or EAD and your latest post suggests I cannot ?
perm2gc
06-16 09:29 PM
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
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