ab2k7
07-05 04:19 PM
Thanks for your response, paisa. Does that mean start over the whole process from LC for GC again? As per this doc there is a difference b/w LCA for H1B and LC for GC. So incase a H1B employee files LC for GC, does he also need to maintain LCA in parallel? This is still not clear to me.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
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NolaIndian32
09-22 10:30 AM
I completely empathize with you - see my case details in signature :-(
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
mikemeyers
12-26 05:42 PM
According to my knowledge, going back to F-1 is your best bet. The reason is whether u are legal in the country or not while ur H1 application is pending is decided by USCIS by approving change of status. If they don't u will be out of status, u have to leave the country and come back. but if you r on f-1, u'll be in legal status all the time. Just make sure, u transfer ur SEVIS I-20 before 60-day OPT grace period expires. Then, u'll be able to avoid worst case scenarios of being out of status in case ur H-1 is approved but change of status is not.
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admin
06-01 04:19 PM
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
more...
Berkeleybee
04-06 03:41 PM
Before you get carried away please note that even in the Specter Bill people filing for status under Title VI have to
(a) Wait for the PDs that are pending when the Act passes to become current.
(b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.
I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.
So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.
The parity issue is really that Title VI recognizes that
(1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.
(2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.
best,
Berkeleybee
(a) Wait for the PDs that are pending when the Act passes to become current.
(b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.
I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.
So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.
The parity issue is really that Title VI recognizes that
(1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.
(2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.
best,
Berkeleybee
gxr
10-03 06:58 PM
So, is that when you got the background check ?
Here is why I am asking the question:
My RD was 10/06, LUD was 10/26 and I am now afraid that mine may be another background check case.
Here is why I am asking the question:
My RD was 10/06, LUD was 10/26 and I am now afraid that mine may be another background check case.
more...
xgoogle
08-20 01:52 PM
Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.
For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:
Current Status: Case received and pending.
On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
PD: 3/3/6
For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:
Current Status: Case received and pending.
On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
PD: 3/3/6
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flexi
04-10 10:47 AM
Thanks, Raysaikat, I hired a lawyer and that's what they are referring to (see below - I guess i'm just posting this for other since you obviously know this).
From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.
I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????
From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.
I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????
more...
kate123
09-16 03:02 PM
Called all the representatives.... guys it took only 15 minutes.. burn all the fone lines!!!!!!!!its our last chance and only hope...
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immidude
07-13 10:36 AM
ppl respond i think it is very important
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MatsP
November 1st, 2005, 03:02 AM
Thanks for the feedback, Mats. It may sound like an excuse, but the client actually wanted this. She brought a couple of Japanese catalogs as examples of these sorts of preserved flower arrangements, and they all tended to a shallow DoF, overexposed, soft look. For the arrangements, I didn't much care for the style, but for the single rose, I rather liked the result.
I convinced her that having some sharp detail was good, but she really liked the shallow, overexposed look. Hence the light colored backgrounds in most of the shots, and a central blossom. I am rather glad of that, since, when left to myself, I was having a devil of a time trying to get a DoF that kept the subject sharp, and put the background OoF. I think I need a bigger "studio" next time (instead of my dining table...).
OTOH, maybe studio work isn't really for me...
Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't, then that's a pretty good state of affairs. Customer happy is much more important than just about anything, especially if the customer is paying.
--
Mats
I convinced her that having some sharp detail was good, but she really liked the shallow, overexposed look. Hence the light colored backgrounds in most of the shots, and a central blossom. I am rather glad of that, since, when left to myself, I was having a devil of a time trying to get a DoF that kept the subject sharp, and put the background OoF. I think I need a bigger "studio" next time (instead of my dining table...).
OTOH, maybe studio work isn't really for me...
Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't, then that's a pretty good state of affairs. Customer happy is much more important than just about anything, especially if the customer is paying.
--
Mats
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amit79
04-10 05:00 PM
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
Ys, total petitions received are 163,000
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
Ys, total petitions received are 163,000
more...
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desi3933
02-18 06:21 PM
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
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lost_in_migration
05-14 07:36 PM
Thanks a lot coreIV
more...
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nonimmi
06-11 04:39 PM
Please keep all bilateral discussion between yourself. Most discussions are soon being targeted to personal criticism or attack. Please respect others views (which are following IV line of course) and be polite.
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Vet04
12-08 12:39 AM
?
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rbashir
06-11 09:12 PM
Guys
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
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fasterthanlight�
08-23 05:25 PM
HOly old thread batman!!!
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smuggymba
10-06 02:33 PM
u can find mmnay threads on this website for these H1-B audit visits. You should be ok as long as you provided truthful info.
justice4all
02-25 04:57 PM
This is the link.
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
Hi akhilmaharajan,
I cant access the link. It opens a blank page. Can you tell me why?
thanks
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
Hi akhilmaharajan,
I cant access the link. It opens a blank page. Can you tell me why?
thanks
rb_248
04-10 04:41 PM
USCIS RELEASES PRELIMINARY NUMBER OF FY 2009 H-1B CAP FILINGS
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register. USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register. USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
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