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07-23 11:40 AM
U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
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ksvreg
07-19 11:37 PM
Yes, I am also seriously finding out the solution for this. One of my friend told me that I can wait until I receive the finger prints. Once finger prints received then we should not get finger prints done. That way, USCIS terminates our applications. Not sure, how easy it is.
Please keep posted and send Private messages if you can.
Please keep posted and send Private messages if you can.
wandmaker
11-01 07:01 PM
Isnt the three year extension valid only if you cannot file your I-485 because of retrogression? Once you file your 485, you get only a year?
1. Labor Pending for > 365 days = 1 year H1 extension
2. 140 Approved AND 485 Filed & Pending AND Priority Dates Current = 1 year H1 extension
3. 140 Approved AND Priority Dates NOT Current = 3 year H1 extension
4. 140 Approved AND 485 Filed & Pending AND Priority Dates NOT Current = 3 year H1 extension
I guess, you will be #4
1. Labor Pending for > 365 days = 1 year H1 extension
2. 140 Approved AND 485 Filed & Pending AND Priority Dates Current = 1 year H1 extension
3. 140 Approved AND Priority Dates NOT Current = 3 year H1 extension
4. 140 Approved AND 485 Filed & Pending AND Priority Dates NOT Current = 3 year H1 extension
I guess, you will be #4
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Ann Ruben
06-18 06:57 PM
You can certainly maintain your H-1B status while the EB-5 immigrant visa petition is pending, though you would not be authorized to work for the EB-5 enterprise until an EAD filed in conjunction with your I-485 is approved.
more...
coolpal
04-02 12:23 PM
You can apply for H1 transfer now.. but you'll more than likely get a RFE for paystubs.. and if you can provide them (and depending on your job, client letter etc.,) you are good.
If you old company cancels your h1, you are still good if you applied for transfer before that...
The only risk might be that you might get approval without I-94 if your old I-94 expired already, which is not true in your case I assume..
Btw, this is a public forum, you can expect responses, but no one is paid or obliged to do so... so URGENT responses should not be expected here... for such cases, you better pay for a lawyer.
cheers.. and good luck.
pal :)
If you old company cancels your h1, you are still good if you applied for transfer before that...
The only risk might be that you might get approval without I-94 if your old I-94 expired already, which is not true in your case I assume..
Btw, this is a public forum, you can expect responses, but no one is paid or obliged to do so... so URGENT responses should not be expected here... for such cases, you better pay for a lawyer.
cheers.. and good luck.
pal :)
chapper
07-18 12:52 AM
Hey guyz...
Lets start our thread...oh! Ya...we are stuck in immigration hurricane season as well:)
I am from NOLA
Lets start our thread...oh! Ya...we are stuck in immigration hurricane season as well:)
I am from NOLA
more...
zamoo
09-13 11:48 PM
I have to admit that I'm a little less educated in these immigration things than a lot of others. So, some questions might be of very basic nature.
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
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gtm228
05-25 02:29 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
more...
tdasara
03-25 12:24 PM
While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
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go_guy123
02-15 08:29 PM
as well as I see a separate bill for foreign nurses is coming up for discussion, we I feel we should talk to our lawmakers to bail us out of the EB-3/EB-2 India/china mess
The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
GC reform.
The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
GC reform.
more...
acecupid
09-12 10:06 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Mother will obviously be illegal. You should have no doubts about that!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Mother will obviously be illegal. You should have no doubts about that!
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hibworker
01-24 03:51 PM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
more...
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rafraf
07-27 08:24 PM
Sorry for this long post. I just have to let it out...
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
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days_go_by
09-16 12:27 PM
US did not invest in ou upbringing or education.
All those were paid by India (or other countries), we led unproductive part of our lives in India (or other countries)and contribute to US economy.
Free trained labor, in fact if you count spouse ->Buy one get one free.
All those were paid by India (or other countries), we led unproductive part of our lives in India (or other countries)and contribute to US economy.
Free trained labor, in fact if you count spouse ->Buy one get one free.
more...
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pnauhwar21
07-02 07:35 PM
All,
I want to get my Wife�s name (FNU case) corrected in the L2 petition. What is the process for that? I have read that a Visa amendment needs to be filed but didn�t find any such amendment form on USCIS site.
She only had her first name in the passport hence both the petition and I-94 had her name as FNU HERFIRSTNAME. I am planning to get her name corrected in passport first by applying for a new passport at consulate. Afer that, need to get her name corrected in the L2 visa petition. I-94 should get corrected when we re-enter US next year as current one is already expired.
Has anyone got the visa petition corrected? Please let me know the process. Appreciate help from everyone.
Thanks,
Prashant
I want to get my Wife�s name (FNU case) corrected in the L2 petition. What is the process for that? I have read that a Visa amendment needs to be filed but didn�t find any such amendment form on USCIS site.
She only had her first name in the passport hence both the petition and I-94 had her name as FNU HERFIRSTNAME. I am planning to get her name corrected in passport first by applying for a new passport at consulate. Afer that, need to get her name corrected in the L2 visa petition. I-94 should get corrected when we re-enter US next year as current one is already expired.
Has anyone got the visa petition corrected? Please let me know the process. Appreciate help from everyone.
Thanks,
Prashant
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snathan
08-09 01:03 AM
Hi all
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
more...
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vactorboy29
02-13 01:52 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
Can we get any help from these guyes?
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rockstart
02-01 01:04 PM
Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be
Z -> New Vendor -> Y -> X -> You
Z -> New Vendor -> Y -> X -> You
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immi_2006
08-11 04:44 PM
You need to send your wifes application where your 1-140 is pending or approved.
GCwaitforever
04-06 05:34 PM
'Masala Dosa' and I met with staff of Senators Mel Martinez and Bill Nelson. The meetings went very well. We had the opportunity to see the compromise announcement on the floor while we were in the office of Senator Martinez. That was a good deal.
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
dalishi
09-04 04:39 PM
thank you so much!! I appreciate your help :)
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