Monday, July 4, 2011

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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)





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  • wandmaker
    10-25 11:10 PM
    All,

    I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!

    She will not have any issues in entering as long as her 485 is pending. Make sure, she gets back before the AP expires.





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  • itsmesabby
    10-15 10:43 AM
    It's always good to have extra options in terms of work permit. We know that renewal is not cheap, but still safer to have the extra work permit and not solely depend on EAD.





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  • jonnalagedda
    06-24 07:11 PM
    I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
    Are there any risks here?



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  • gc28262
    02-19 09:50 PM
    Another proof that H1B is modern day slavery.





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  • GCeffect
    07-07 06:04 PM
    I'm from Bangldesh
    EB3

    My PD is may 2006

    I already received my EAD, AP

    even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....

    Please advice me gurus....



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  • gcgc2005
    12-17 10:37 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    "
    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
    "





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  • pappu
    01-03 07:07 AM
    could someone send a scanned copy of this artcle by email so that it can be posted?



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  • laksmi
    12-12 06:23 PM
    You are not supposed to work on EAD until unless it�s renewed that is sure, you can work on H1B for your H1B employer if H1B is not revoked.
    I suggest a attorneys advice on H1B once.





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  • ajju
    09-06 07:13 PM
    If its few months of outside work.. should be fine... But you can't and should not just leave and work outside until you get GC.. May work, but chances are rare.. So risk is up to you to take and decide...



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  • factoryman
    06-19 11:42 AM
    OK. I give you the benefit of doubt. I gave 10 detailed replies on this subject.

    but a search for 'skin test' gave me:

    Search: Key Word(s): "skin, test" ; Forum: All other Green Card Issues and child forums

    Showing results 1 to 6 of 6
    Search took 0.03 seconds.

    Doctor will keep x-ray. and write a report that there is no evidence of any active contagious TB infection now or in the past. Something like that. he will enclose it in the sealed cover.

    Plus

    advice to county to start INH regimen.

    or
    nothing. Go home nicely. As in my case.





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  • Election2008
    01-09 05:48 PM
    I am a freelancer and I plan to write an article for a California based Asian Newsletter about the political views of the Immigrant community.

    Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.

    I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.

    But, if you had an opportunity, who would you choose and why?



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  • transpass
    08-08 06:44 PM
    I and my family have to travel to India urgently due to medical urgency. Our only AP document was taken last year and this year the renewal is not yet done. We are using our EAD status and H1 is expired and no longer available.

    Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.

    If this question has been answered earlier, can someone point to the right source.

    Thanks in advance.

    Check with the lawyer first...I don't think you can apply for AP while you are outside U.S. I know for sure, Reentry permit will be denied if you apply from outside U.S. I am not sure if it's the same for AP. Incidentally, you use the same 131 form for both...

    So check with a lawyer before you act based on the advice from the forum, even if it means shelling some money...That money will be well spent...





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  • veda
    07-25 02:31 PM
    I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.

    In other words if I go an take Info pass today when can I get the erliest scheduled date?.

    Thanks,



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  • deardar
    06-18 04:05 PM
    Hello ,
    We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
    My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.

    Do I have to fill out a seperate I-485 form for her ?
    Do I have to fill out a seperate I-765 form for her ?
    Do I have to fill out a seperate I-131 form for her?
    Do I have to fill out a seperate G-325 form for her ?
    Do I have to file the support affidavit(I-864) for her ?

    Please do take time to answer .

    Thanks





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  • snathan
    02-17 09:05 PM
    I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?

    Yes...You need.



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  • reddymjm
    09-16 06:55 AM
    The H1B is counted against the cap only once in 6 years. As you already had a H1 any one can file for your H1B NOW.





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  • Blog Feeds
    12-14 11:30 PM
    Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.

    I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.

    The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.

    One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.

    It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.

    The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.




    More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)





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  • eb3_nepa
    06-14 02:22 PM
    Hi Guys

    I have a few questions about what happens AFTER the I-485 is successfully filed?


    How long before you get the notice to appear for finger printing?
    How much time between getting the notice for Finger printing and the actual appointment?
    When does the EAD come through and is there a way to expedite the EAD process?
    When does the process go to the "name check" black hole and you informed about it?


    Any other info by the experienced gurus will be appreciated





    chris82
    05-28 12:45 PM
    Hello,

    I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.

    Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?

    1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?

    2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?





    kak1978
    06-10 08:14 AM
    Hi

    I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
    Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.

    Company is really flexible with job description.

    Thanks in advance.

    I don't think it matters when the experience was acquired as long as it is related to the job description and it is verifiable. If for some reason those three years cannot be used, you can have a job requirement as something like MS in EE/CS + 0 years experience.



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