waiting4gc02
02-20 07:42 AM
Guys:
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
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ps57002
12-03 12:08 AM
I added my older H1b case too of Dec 01 (i hadn't added such old case to my portfolio..didn't see need) and that had a LUD of 10/13/07 maybe due to my submitted cases of 140/ead/ap/485. Those had a LUD on 10/16/07 with notice date of 10/12.
seems like some batch work was done on the 2004 cases today.
seems like some batch work was done on the 2004 cases today.
watzgc
11-05 07:47 PM
friends, any reply? thnks
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Madan Ahluwalia
02-23 03:05 PM
H1b extension can be filed only 6 months before so it will be April 10.
Going to consulate 3 months before the visa date - you will not be entertained.
My suggestion is file for H1b after coming back from India.
Going to consulate 3 months before the visa date - you will not be entertained.
My suggestion is file for H1b after coming back from India.
more...
gc28262
03-09 08:47 PM
bump
dvb123
08-25 06:19 PM
No E2 (EB2) consular processing cases were scheduled by mumbai consulate.
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
more...
mach1343
12-15 05:22 PM
I have to work 20 hrs per week part time apart from my full time 40hrs per week. Since I am not working 35 hrs per week as you said does this mean my GC process will have a effect?
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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.
more...
mpadapa
09-25 09:52 AM
I can see the renewed energy from tri-state folks on the forums, It will be great to talk to U folks.. Tri-state is kicking into another gear don't miss out..
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rkm
02-16 12:20 PM
If your Dads age more then 60 then D157 not required
more...
Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
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alucard666
08-11 04:29 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
more...
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mbartosik
03-14 11:28 AM
service requests taking up to 60 days now and processing times 60 days behind published figures.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
tattoo 2011 Kristen Stewart
neeidd
11-09 06:14 PM
Hi,
I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?
Thanks
I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?
Thanks
more...
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visa_reval
03-14 03:46 PM
and I dont have an answer for it. Can somebody point us to the doc pls.
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pd_recapturing
12-13 02:50 PM
There is no AC21 for derivative applicants. She can join any employer at any time. AC21 comes into picture only for primary applicant. Derivatives get almost a virtual GC in terms of EAD.
more...
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ras
02-22 09:04 PM
Is there a way to see this program online instead of TV?
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itkris
12-08 03:50 PM
There's more important issue going on - read the forum and call senator's first !!
I wish you could answer my question.
I wish you could answer my question.
hairstyles 2011 Kristen Stewart
watzgc
11-05 07:47 PM
friends, any reply? thnks
zwswim
01-26 12:55 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
indianabacklog
10-19 01:59 PM
Anybody??:(
You can request assistance from the airline. My elderly mother travels alone twice a year to visit me and the respective airline are always more than helpful, meeting her off the plane and making sure she knows which gate to go to etc.
On a funny note she was most offended that they felt a wheelchair was appropriate and insisted that is only for old people. She is 77.
You can request assistance from the airline. My elderly mother travels alone twice a year to visit me and the respective airline are always more than helpful, meeting her off the plane and making sure she knows which gate to go to etc.
On a funny note she was most offended that they felt a wheelchair was appropriate and insisted that is only for old people. She is 77.
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