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  • smuggymba
    10-08 03:00 PM
    I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).

    I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.





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  • 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)





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  • intarch
    08-04 03:02 AM
    Hello I am leaving for India in two days and have still not received my H1B approval. The receipt date is May 19th 2009. It is being processed at the CA center, is there anything I can to do get it soon.

    It was a regular processing one, not the Premium processing one.

    Help please!!!!





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  • dixie
    08-17 05:17 PM
    I am ordinarily based in NC, but not at the moment. I have drawn attention to a couple of friends also in IV .. hope you get some responses soon.



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  • dionysus
    01-16 11:59 PM
    Does your RFE for paystubs have any time-bound constraint on it? Meaning, do you have to respond within certain period of time, or can you take indefinite time in responding.

    The reason I am asking is because there can be different solutions for these two different scenarios.





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  • rockstart
    01-18 08:19 AM
    I have my I 140 approved in 2006 and it has priority date. Filed my I 485 in August 2007. The priority date in the receipt is blank, guess looks to be normal.



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  • rpat1968
    09-22 11:05 AM
    IV members who have got vague replies to SR request and also encoundered rude behaviour on with USCIS CSR's should share your experiences with whitecollarslave ...





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  • thescadaman
    09-14 07:36 AM
    My OPT started on July 12th, 2006 and I did not apply for my H1-B last year because the advanced degree cap quota was reached even before I got my job. Now, my OPT expired on July11th, 2007. My attorney suggested me to use the 60 days grace period to stay in U.S and get my H1-B Visa stamped in Chennai, India (Because, the 60 days grace period will get over by September 11th, 2007 and there is 19 days gap before my H1-B starts). In the H1-B approval notice it is clearly mentioned that I would attend the Chennai consulate for my stamping. The problem is that, I am not able to find available dates in Chennai consulate for H1-B stamping. Can I attend Delhi or Mumbai consulates? Please suggest me a way to come out of this situation.

    You will have to fill in Form I-824. The Question 2b - "USCIS to notify a different U.S. Consulate or Port-of-Entry about the approval of an application or petition. Please notify the U.S. Consulate or Port-of-Entry at:", you will select Delhi or Mumbai consulate here. I need to warm you that this is a very slow process and you hardly have any time.

    http://www.uscis.gov/files/form/I-824.pdf

    First and foremost, you will have to make sure that you are not overstaying and going beyond your 2 month grace period. Hence make arrangements for international travel and consider this top priority!

    Now that I have answered your question. I would like to request you not to open multiple threads asking the same question. Please delete your second thread.

    Also, I am hoping that you are aware of this Big Rally event which IV is planning for. Please see if you can contribute towards the Rally in any form.

    Note: This is my opinion. Please consult with your Attorney and take any decision.



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  • newuser
    10-13 11:15 AM
    I did meet the 7th district lawmaker recently. Let me know if I can be of any help.

    Willing to join again if you don't have the no's





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  • shreekhand
    09-18 12:39 PM
    It all depends on their background check and security requirements.

    As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).



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  • drirshad
    09-16 04:53 AM
    Your husband could have answered this question with his 8th year extension in progress. But here it is, once you start working for a company on H1 and they file ur GC starting with LC and if the process is pending for a year then u get automatic extensions going forward. With PERM the LC is getting approved more faster and you should have it within the year. As for H1 to wait until oct 2007 that will be for new H1's if u were already on a h1 before you can convert to one anytime not waiting until oct2007. :)





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  • sgupta33
    01-29 01:53 PM
    AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?

    Thanks!

    My understading is that you can not work internationally. This information is based on one of the attorney conference calls IV organized a few months ago.

    On another note, please contribute to IV's letter campaign - this is one way of helping yourself and increasing your options! It only takes a few minutes - sign your name to one of IV's template letters and stick a stamp on an envelope.

    Thanks.



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  • wonderlust
    07-18 05:17 PM
    Hi. I realized that I made a mistake when filling out the I 485 Part Three:
    Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.


    I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.

    I was wondering whether anyone here had done that before.

    I am kicking myself for misunderstanding the form! Please help!


    Wonderlust





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  • B3NKobe
    04-08 02:11 AM
    Sweeeeet! Man thats nice!! Kirupa changed the template on his sticky thread, you should change your content onto the new stamp template, itl look nicer with out that cedy old grey background behind it...:D:D



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  • Suva
    07-18 04:15 PM
    Close this thread immediately.





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  • seemashah
    02-21 05:29 PM
    usually a CPA can give an audited report ...or the bank auditors can
    Is the company a Corp, LLC or sole prop?
    >>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...



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  • abhi_022001
    12-22 07:05 PM
    It's ok for outside people to wait longer rather than get tourist visa quickly for indefinite time to explore possibilities which are dangerous for the country .....





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  • krustycat
    01-08 09:39 PM
    Receipting update is just a reference.
    My applications reached NSC 6 months ago on July 9th.
    I have no receipts and checks were not cashed.
    As per IO's my name is not in the system.

    Check this thread (http://immigrationvoice.org/forum/showthread.php?t=14402).

    Good luck!





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  • royalchallenge
    11-17 04:23 PM
    Just got fired from my company.

    I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.

    I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.

    If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.

    Thanks all.





    desi3933
    09-19 12:55 PM
    Hi All,

    Please help me on this. Here is the situation:

    1. Company A First time H1B - Oct 1, 2004
    2. Company B transfer - Jan 22, 2006
    3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
    4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.

    My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?

    Please advise and pardon me for my ignorance on this.

    Thanks in advance,
    DSP

    >> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
    Yes. She can get H4 visa stamp based on your H1 extension approval notice.

    *** Not a legal advise ***





    sdckkbc
    02-04 10:07 AM
    LONGGCQUE,

    This question just means if anyone helped you in filing the DS-160 form.

    But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.



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