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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 ( 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 ( 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. (

    More... (

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  • whattodo21
    04-26 03:26 PM
    Currently on H4 and validity expires on 09/23/2010. Can be applied for extension when principal applicants H1B is being extended(from his company), but since I have my H1B case filed with USCIS, will it create any conflict if I apply for H4 extension now? (ideally for 7 days (23rd sept to 30th sept) !! 'coz if approved, H1B status becomes valid from Oct 1st, right? )

    Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?

    Thanks in advance,

    your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.

    If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though

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  • acepb
    07-20 07:28 PM
    you shouldn't have a problem re-entering the US on AP from the UK. I have done it twice already in the last year.

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  • Apple_fruit
    10-25 04:11 PM
    I recieved a letter from USCIS saying "we have forwarded your inquiry to Sec 245 Unit. You will be notified by mail at later date".

    What exactly this means?

    Do I need to worry about this Sec 245 Unit. Is it good or bad?

    btw I am on EB2 priority date Aug 2005 and still waiting for GC.......:mad:



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  • amar123
    11-24 05:03 PM
    Hi All,

    Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.

    I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:

    USCIS - Instructions for Electronically Filing Form I-131 ( D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
    If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.

    2.USCIS decides 1-131 is not eligible for fee waiver - - Asylum Law ( i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)

    The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.

    Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."


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  • eb3_nepa
    07-01 11:45 PM
    Ok Guys enough "PREDECTIONS" now go to bed.

    Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.

    Go to sleep and remember that we DO have day jobs.


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  • fullerene
    12-17 06:07 PM
    Thanks for your prompt reply. I was wondering if you may have a separate section compiling all searchable supporting references together. I did not doubt that there should be summaries in the thread. It just like seeking a needle in a sea.

    I am writing to a District representatives urging them to support SKIL Bill. I believe if some supportive evidence or references will make my letter strong.

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  • masterfender
    04-26 09:28 PM
    Hi guys,

    Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.


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  • srgadi
    10-21 06:28 PM
    Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)

    Best of luck with all who are still waiting to be greened!!

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  • casper21
    11-10 08:50 AM
    Can someone Pls help me to find an answer?



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  • adhantari
    06-16 04:22 PM
    After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.

    be a problem..... this is anonymous poll buddy..... :D

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  • small2006
    06-03 09:58 AM
    I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.

    Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24...



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  • Photogenius
    04-17 08:47 AM
    like the blurred japanese letter at the back

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  • PD_Dec2002
    07-06 04:33 PM
    Can someone tell me what these compliance dates for I-485 from NSC and TSC mean from this USCIS bulletin (

    How do I interpret the I-485 dates of 08/01/07 for NSC and 07/20/07 for TSC?



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  • h1techSlave
    04-07 03:16 PM
    Anybody from MD interested in meeting representatives?

    I have been part of the recent advocacy efforts in DC and feel that we need to continue the momentum. If any one is interested in meeting Congressmen/women and Senators, please reply in this thread.

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  • Blog Feeds
    06-08 07:50 AM
    IV Advocacy Days Blog: Has Just Posted the Following:

    More... (


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  • ovaloffice
    05-22 05:17 PM
    Is there a way I can apply for a green card during residency for a future job two years down the road?

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  • enqueued
    11-09 10:38 PM
    We did it twice and never was asked for w2. Just recent pay stubs will do. Just have all of them - if asked.

    My wife came here on h4 then got her h1, got it stamped. worked for two years. Went back to h4 for couple of years when we had our baby. Got h1 and stamped again. All we submitted were just the required (listed documents in the site).

    Hope this helps.


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  • thakkarbhav
    02-07 08:45 PM
    Yes. They need atleast 3 months time to file new labor.

    04-19 06:15 PM
    Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.

    I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.

    How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?

    Does anyone have any advice, or can tell me what happens in a situation such as this?

    Thanks for any help.

    03-01 07:15 PM
    We had some plans till december, then we ran out of members:p . There are only 2 members now.

    Count me in for, SoCal we have any plans to meet our congressmen or senators..

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