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martinvisalaw
07-19 11:37 AM
Hi,
Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory?
Also what's the general processing time for H1 Extension.I mean how many days does it take.
You don't need anything regarding international travel except the copy I-94 that you got when you returned to the US, and the visa and entry stamp in your passport.
H-1B extensions take a few months, depending on which service center is used. if the company pays for premium processing, it guarantees a decision in 15 days.
Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory?
Also what's the general processing time for H1 Extension.I mean how many days does it take.
You don't need anything regarding international travel except the copy I-94 that you got when you returned to the US, and the visa and entry stamp in your passport.
H-1B extensions take a few months, depending on which service center is used. if the company pays for premium processing, it guarantees a decision in 15 days.
wallpaper Chord Table
H1B-GC
02-18 06:12 PM
ragz4u and everyone-
My 1st 3 yrs of H1B is gonna be completed this year.My DL is valid until 2009 issued by Santa Clara DMV in CA State.If i move to PA State or for that matter other state in US would DMV deny me a new Driver's License until my new H1B is extended for 3 more years??
Pls. let me know your comments!!
My 1st 3 yrs of H1B is gonna be completed this year.My DL is valid until 2009 issued by Santa Clara DMV in CA State.If i move to PA State or for that matter other state in US would DMV deny me a new Driver's License until my new H1B is extended for 3 more years??
Pls. let me know your comments!!
rajpatelemail
01-15 06:40 AM
Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
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sammyb
10-09 04:01 PM
chandu... seems am only one visiting this thread ... lets see how many people responds ... :D
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
more...
parablergh
08-27 02:55 PM
- just a note - I would also strongly recommend filing your spouse's AOS as soon as possible (once current). Please note that this should be done prior to receiving approval for your Adjustment.
phillyag
01-23 12:38 PM
We should see how PERM came into being. Who helped PERM become a reality.
If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants
If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants
more...
copsmart
10-09 10:26 AM
I haven't tried visitor/business visa, but I got a transit visa for Germany once with an expired H1B stamping in passport. I got that visa from German Counsulate in Boston, MA.
Hope this helps!
Hope this helps!
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shadowbuddy
03-16 09:35 PM
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
Thanks Prasad.
We are sending everything back certified mail tomorrow AM. Our big problem is that announcement regarding April's retrogression. We are REALLY hoping USCIS honors our original filing date of Nov. 08. Our PD was current right up until this month.
fingers crossed!
Thanks,
Prasad
Thanks Prasad.
We are sending everything back certified mail tomorrow AM. Our big problem is that announcement regarding April's retrogression. We are REALLY hoping USCIS honors our original filing date of Nov. 08. Our PD was current right up until this month.
fingers crossed!
more...
RAJASEKERAN
11-12 11:44 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
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moonrah
09-28 07:45 AM
Hi,
Generally FOIA does't give approval notice. But other stuff you recieved should be enough. What date did you use for port of entry, your first one or the latest one?
Generally FOIA does't give approval notice. But other stuff you recieved should be enough. What date did you use for port of entry, your first one or the latest one?
more...
langagadu
02-27 02:39 PM
I like your handle though, haider420
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
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Asfandyar
08-20 07:59 PM
The Respective SKIL Bills are currently infront of the House and Senate Judiciary Comittees. Please contact the members:
House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
http://judiciary.house.gov/CommitteeMembership.aspx
Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
http://judiciary.senate.gov/members.cfm
House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
http://judiciary.house.gov/CommitteeMembership.aspx
Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
http://judiciary.senate.gov/members.cfm
more...
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krogot
02-17 01:25 AM
Thank you for your answers
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paskal
12-11 06:32 PM
bumping up the thread!
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
more...
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gnutin
05-05 03:46 PM
Thanks to everyone who responded. So in summary, it looks like:
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
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ca_immigrant
02-13 10:07 PM
Hi Friends,
I was trying to get online tickets for my parents to come from Chennai to SFO.
..I was planning to pay from here using my credit card...but guess that might not work( see text in italics below from the airline website) , My parent have an icici debit card but that one has a limit from icici for 50,000 Rs or 75,000 Rs or so, the tickets are totally 1 lakh + so trying to figure out what might be the options....
Have the physical credit card originally used for the purchase presented by the cardholder for verification at check-in, OR on collecting the tickets, OR at the nearest Cathay Pacific Ticketing Office prior to the flight departure. The cardholder does not need to book and travel. If a transaction is successfully made with "Verified by Visa", or "MasterCard� SecureCode�", the cardholder will not be required to present the physical card used for verification.
I understand that if the cardholder fails to present the physical card originally used for booking transaction, the carrier reserves the right to -
Deny boarding, or
Collect a guarantee payment (in cash or from a new credit card).
Anyone been able to book from here for tickets starting from India ?
Thanks in Advance !!
Regards,
I was trying to get online tickets for my parents to come from Chennai to SFO.
..I was planning to pay from here using my credit card...but guess that might not work( see text in italics below from the airline website) , My parent have an icici debit card but that one has a limit from icici for 50,000 Rs or 75,000 Rs or so, the tickets are totally 1 lakh + so trying to figure out what might be the options....
Have the physical credit card originally used for the purchase presented by the cardholder for verification at check-in, OR on collecting the tickets, OR at the nearest Cathay Pacific Ticketing Office prior to the flight departure. The cardholder does not need to book and travel. If a transaction is successfully made with "Verified by Visa", or "MasterCard� SecureCode�", the cardholder will not be required to present the physical card used for verification.
I understand that if the cardholder fails to present the physical card originally used for booking transaction, the carrier reserves the right to -
Deny boarding, or
Collect a guarantee payment (in cash or from a new credit card).
Anyone been able to book from here for tickets starting from India ?
Thanks in Advance !!
Regards,
more...
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jcrajput
12-31 08:44 AM
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
Your help is greatly appericated.
Thank you.
1. Should I apply for AP for both of us?
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
Your help is greatly appericated.
Thank you.
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misfortune13
03-16 08:49 PM
I love joining to this forum
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gcformeornot
06-07 11:44 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
EB3_SEP04
06-30 09:21 AM
If I were you, I would decide office by Receipt Number EAC/LIN
Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"
Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"
dwl800
12-18 04:14 PM
I have recently moved to Indy. Do you guys want to meet? Count me in whenever you have the next meeting
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