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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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harinim
11-25 03:22 PM
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
senk1s
09-14 01:50 PM
"The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority"
Yes with the media attention, there is some stigma to H1 ... we are asking to
remove/reduce the long DELAYS
Good point prince
Yes with the media attention, there is some stigma to H1 ... we are asking to
remove/reduce the long DELAYS
Good point prince
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NYImmigrant
12-10 02:36 PM
Instead of posting messages on any thread, please only focus on calling lawmakers. Do not distract the forum and yourself by posting messages on any other threads. I request members not to respond to any other threads. Now lets get back to work!!
Janak... only if you know your facts before calling, you will be able to make a point. It's not only about calling and bugging the lawmakers. Through conversations we can come up with ideas...
Take it easy. Good luck with your immigration application
Janak... only if you know your facts before calling, you will be able to make a point. It's not only about calling and bugging the lawmakers. Through conversations we can come up with ideas...
Take it easy. Good luck with your immigration application
more...
desanar
04-04 06:17 PM
If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.
SlowRoasted
05-01 10:11 PM
i like third the best but they all are very nice.
more...
fromnaija
01-25 03:36 PM
I think your lawyer needs to specify your major field of study as civil engineering but in the PERM advert needs to specify civil engineering as equivalent degree accepted for the position.
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icleric
08-07 07:33 AM
oh, and welcome to KF ;)
more...
Student with no hopes
04-15 11:48 AM
Graduated from college last year, finally found a job that I really like. Currently on OPT. Just curious to know how long will it take for employer to apply for labor and I-140.
I know most of you are thinking - "are you mad, esp with current gc situation? " the thing is I like it here. My relatives and friends are here. I am hoping that with so many people stuck in the gc process, somebody has to fix it soon - and I (& other newcomers) will benefit from better immigration policy.
can any one let me know how long the initial stages take currently?
I know most of you are thinking - "are you mad, esp with current gc situation? " the thing is I like it here. My relatives and friends are here. I am hoping that with so many people stuck in the gc process, somebody has to fix it soon - and I (& other newcomers) will benefit from better immigration policy.
can any one let me know how long the initial stages take currently?
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Blog Feeds
04-25 08:10 AM
This week, the President held another meeting with pro-immigration advocates where he proclaimed the need for immigration reform. Haven't we heard this time after time from the President? Running against the Republicans on this issue is a no brainer for the President. But what exactly is President Obama doing beyond giving speeches? President Obama had both Houses of Congress in his first two years in office. Did he ever actually propose an immigration reform bill? No, he decided to let Congress sort it out for themselves rather than leading on the issue. And when he lost control of the House...
More... (http://blogs.ilw.com/gregsiskind/2011/04/obama-strategy-talk-about-immigration-but-avoid-actually-doing-anything-about-it.html)
More... (http://blogs.ilw.com/gregsiskind/2011/04/obama-strategy-talk-about-immigration-but-avoid-actually-doing-anything-about-it.html)
more...
tampacoolie
07-08 06:26 PM
We need diagnosis code and billed amount for each of these codes. Does any one know what is the diagnosis code for preventive care visit? How do we get the billed amt for these codes ? Any nurses can help us here.
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forgerator
05-23 12:39 PM
I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
Like others have pointed out - definitely worth it to switch over, given that you can use AC21.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
Like others have pointed out - definitely worth it to switch over, given that you can use AC21.
more...
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sts_seeker
06-14 05:35 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
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sbabunle
08-22 06:58 PM
http://www.competeamerica.org/economy/experts/index.html
more...
pictures Trey-Songz-2011-MTV-Movie-
vikki76
08-20 03:23 PM
I would recommend find a new job for H1-B transfer rather than going through F-2 route.
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gzpain
12-17 12:01 PM
I haven't contributed yet, but I would like to do. Can one of you please add my email address to WI state chapter.
more...
makeup Lupe Fiasco and Trey Songz
Kapils573
12-12 06:43 AM
Hello everyone,
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
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bushman06
12-30 09:48 PM
Since Sept 27 it has been oral arguments, if any thing ever comes out of this I am sure it will be posted all over.
Home - �国三类职业移民法律信托基金 (http://www.eb3chinese.org)
Home - �国三类职业移民法律信托基金 (http://www.eb3chinese.org)
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bazuka6
06-12 09:21 PM
Hi All,
I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.
What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?
Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)
Thanks,
Kris
Go to EAD . Work partimefor future employer and keep working partime for current employer. Once you go to EAD there is no fulltime and partime..Everything is employment
You will prove that you have worked for GC sponsor . After a few months, use AC21 and move back to current employer .
I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.
What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?
Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)
Thanks,
Kris
Go to EAD . Work partimefor future employer and keep working partime for current employer. Once you go to EAD there is no fulltime and partime..Everything is employment
You will prove that you have worked for GC sponsor . After a few months, use AC21 and move back to current employer .
kisana
08-15 11:07 AM
I am currently working for compnay A. I got selected for company B. They already started my H1B transfer. But some how I got in troouble in one offense. I already told my company about this offense, they are saying they will be able to support me on the employment point of view. I have fear in my my that if something goes wrong I may not be able to join that company.
I am curretly thinking to deny the offer. Compnay B is okay with that, only they are saying that they have to back out the paperworks i.e. probably cancel H1B transfer. Is is going to create any problem for me as my current employ is also ready to start my H1B renewal. Also I have EAD with me, is there going to be any problem for GC.
I am curretly thinking to deny the offer. Compnay B is okay with that, only they are saying that they have to back out the paperworks i.e. probably cancel H1B transfer. Is is going to create any problem for me as my current employ is also ready to start my H1B renewal. Also I have EAD with me, is there going to be any problem for GC.
Gravitation
01-29 02:09 PM
Let's post about IV at our local craigslist chapters. We can't afford to slack off.
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