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  • alien2006
    08-30 08:34 AM
    What you can do is ask for the case #. Then you can check the status online (it will basically tell you when it was rec'd). After that just sit back and wait for the next 4 months or so. Once I140 is approved ask the lawyer for a copy of the approval notice. This is critical if you ever need to move companies.




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  • B3NKobe
    11-15 08:26 AM
    Love em :love::thumb:




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  • Krilnon
    02-28 09:35 PM
    Welcome! It's going to be good to have a member who knows how to wield the weapon in your portrait. :P

    Great entry!




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    April 3rd, 2005, 06:52 AM
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  • Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
    rejected.

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








    More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)




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  • WAIT_FOR_EVER_GC
    08-18 10:47 AM
    WHom Should one call? What number.. I do not get any rep to speak to when I call USCIS



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  • Shiddique
    01-07 08:51 AM
    Actually, you're no longer in H-1B status. If you end up getting another employer to sponsor you and you're RFE'd for your last 3 months of pay stubs to show your last day of work and it shows you entered the country after that date as an H-1B you will be denied your visa at the consulate.




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  • greenmonster
    11-19 08:31 AM
    Got my NC Driv License after 6 weeks. Issued based on EAD.



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  • sushilup
    10-23 08:35 AM
    Hello Guys,

    I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..

    My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..

    thank you




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  • jatinr
    01-17 11:05 PM
    I have received 485 receipts and PD field is empty. My I-140 which was already approved has the priority date specified in it.

    Is there anyone who has this column filled in their 485 receipt?



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  • shreekarthik
    07-01 07:25 PM
    I had expected some kind of outlook from the recent AILA - DoS liaison that happened in San Antonio. Both Matthew Oh and Sheela Murthy did not report any outlook. But here's an outlook from another lawyer
    http://www.gtlaw.com/practices/immi.../2006/06/27.htm


    Immigration News Flash

    June 27, 2006
    Further Retrogression for Employment-Based Immigrant Visas Anticipated

    At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.

    Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.

    This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.

    Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.




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  • yuvi123
    08-31 12:41 AM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:


    +++++++++
    yes you do get a Receipt notice of I140. ask your lawyer, it is ok. they can even emai you a copy.



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  • dealsnet
    11-04 09:46 AM
    Why you are giving news about illegal immigration. IV is for legal immigrants.
    Don't confuse this issue with ANTI-IMMIGRANTS.




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  • Buickkadar
    05-11 01:31 PM
    Hi

    I have an urgent query. Please help.

    I was laid off from my company AA during last week of March-2010. I have not yet singed the lay off letter. And I was rehired by the same AA company on second week of May. I have valid I 94 for next 2 years. But my visa got expired. I was out of payroll for a month. I dont have last 2 payslips.

    I have joined the new client through the AA company few days before. My AA compay is asking me to go my Home country and get my Visa stamped and come back. Is there a way that I can continue the employment here without travalling to my Home country at this point ? Are any other better solutions / ways.

    Immediate response highly appreciated.

    thanks
    kadar



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  • ashres11
    04-06 09:27 PM
    I had AOS though company A and holding my H1 which is expire in July 2010.

    I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.

    I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.

    JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.

    Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.




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  • nrk
    11-02 12:31 PM
    It is a good sign for sure.
    I don't know about F/P notice, but for sure it can not be RFE
    i believe pre-adjudication does not even show on the status.

    It is a good sign, you are still in the system!!
    (1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.



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  • maddipati1
    10-11 07:36 PM
    filed on Aug08th, even EAD cards ordered :D

    its kinda not a FIFO so take it easy
    especially those who filed between Jul2-Jul17 its delayed.




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  • meridiani.planum
    09-14 02:35 AM
    Hi:

    I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.

    Thanks
    la6470

    Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
    There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
    Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.




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  • voldemar
    10-23 09:39 PM
    Hi Folks:

    Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

    Thanks
    My son "traveled" on AP for almost 6 months.




    imconfused
    09-19 04:25 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?




    InTheMoment
    07-29 11:02 AM
    A good attorney would never recommend job description in such micro terms. What does your labor certification say ? Match it as much to that one. CIS is not concerned about that level of micro detail (servlets or XML). The description should be a a level that can be easily understood by an adjudicator.



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