HV000
08-07 02:01 PM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
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njboy
07-08 09:24 AM
yes, they can find out if u were on payroll and paid tax
chanduv23
03-16 02:03 PM
I work for an India based company that has operations in US. I have been travelling back and forth between India and US for about 8 years now. I am currently in US. My labor got approved this January (PD 7/2004) and my company has filed I140 soon after that. I still have 2+ years on my H1B. I am having to transfer back to India soon and shall be based in India for more than a year. What are the considerations if one has to return back to his/her country after I140 is filed? What is the impact on whole GC process? You response is appreciated.
Thanks.
As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC
Thanks.
As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC
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amdn123
02-04 05:55 PM
I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.
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ramaonline
12-27 05:13 PM
TR - RIR has been documented in the DOL FAQ
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
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rovingeye
07-26 09:08 PM
My case is not premium processing and the online status changed to "approval notice sent " for 4 days before the status changed to " document sent ". Its an I 140 and I heard that the mistake was restricted to PP cases . So I do not think that is the issue . Some one said it could be the last status on an approved I 140
Thanks anyway for the info
Thanks anyway for the info
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voicerj
05-12 02:18 PM
Hello,
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
To my knowledge, you can definitely get your I-140 filed without Joining the employer as i know of some folks who have done that. But incase you are in the country and file I-485 when you dates become current, you have to be with the employer who files your I-485
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
To my knowledge, you can definitely get your I-140 filed without Joining the employer as i know of some folks who have done that. But incase you are in the country and file I-485 when you dates become current, you have to be with the employer who files your I-485
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txh1b
08-19 12:47 PM
Will I be able to switch to company C, even if company B revokes my 3 year-H1B extension ?
Thanks
Yes, provided you apply for the tarsnfer while you are still maintaining H1b status. Your basis of 3 year extension is the I140 approval and PD not being current. It isn't that company B got a 3 year extension.
Thanks
Yes, provided you apply for the tarsnfer while you are still maintaining H1b status. Your basis of 3 year extension is the I140 approval and PD not being current. It isn't that company B got a 3 year extension.
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svam77
12-04 04:02 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
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guchi472000
12-08 08:06 PM
Good Morning.....
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jessie1981
08-02 11:14 AM
Did anyone get I485 based EAD before the first FP? Thank you!
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dealsboy
08-19 01:38 PM
Based on the knowledge I have.
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
They have to file a new H1B for you.
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
They have to file a new H1B for you.
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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lazycis
10-19 01:22 PM
I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
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indian
12-14 03:16 PM
Well, the 109th congress already passed part-I of the whole process: changing the US laws to allow special exception for India.
Once the President signs this, they have to negotiate the so called "123 agreement" that is a bilateral *binding* agreement between US and India. It will again have to be approved by congress.
I don't think anyone here knows how long will it take for the "123 agreement" to be concluded and presented to congress for approval. But once it does, expect desi resources on capitol hill to be again busy with it as their top priority. And that would shut us out for the period this stuff is pending in congress.
So what I am saying is that the window between now and when the "123 agreement" shows up in congress for approval is important and we should not miss it. At the very least we should be aware that this is coming and plan accordingly.
Indian.
Once the President signs this, they have to negotiate the so called "123 agreement" that is a bilateral *binding* agreement between US and India. It will again have to be approved by congress.
I don't think anyone here knows how long will it take for the "123 agreement" to be concluded and presented to congress for approval. But once it does, expect desi resources on capitol hill to be again busy with it as their top priority. And that would shut us out for the period this stuff is pending in congress.
So what I am saying is that the window between now and when the "123 agreement" shows up in congress for approval is important and we should not miss it. At the very least we should be aware that this is coming and plan accordingly.
Indian.
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champu
02-28 08:32 PM
DEC 07 PD is current ..??? which category are you in.
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
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jordanwillium
02-17 02:31 AM
I received a duplicate order from Hewlett-Packard. Per the customer service person I was instructed to remove the shipping label and write the return number on the box, then call Fed Ex for a pickup, all of which I did. Now, a few weeks later my credit card account has not been credited. I've called the customer service people several times, and received a transmitting tracking number for the return. I've called Fed Ex who say what I have is not adequate to track the item supposedly sitting at their warehouse. I've spoken to the supervisor at HP, and she, like everyone else, keeps referring my problem to the "return specialist", who is supposed to query Fed Ex about this, but nothing happens. Their excuse is that they don't have the actual tracking number to do this. One HP rep I spoke to told me that the return item had not been scanned since the initiation of the return, implying negligence. Yeah somebody dropped the ball. Where do I go next to get some action taken?
needhelp!
10-15 12:20 PM
bump
Lousiana.. do you have a chapter yet. If not, please join Texas.
Lousiana.. do you have a chapter yet. If not, please join Texas.
imconfused
05-27 08:46 AM
any help?
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