Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
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sixpockets
07-15 06:59 AM
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cooler
02-24 12:51 PM
Haitians might be eligible for TPS (Temporary protected status) because of the recent earth quake. Not sure if this applies for people already in USA or not.
Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
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Phogs
07-07 10:52 PM
If finance is not an issue with u or co. then renew it as a fall back. U'll never know that those guys in USCIS will do on your papers. So it is better to be safer than safe =)
PD 2004 ROW:(
I140/485 Pending:confused:
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filed H1B Extention 4/18/2008:D comapny paid for it.
PD 2004 ROW:(
I140/485 Pending:confused:
EAD/AP Approved:p
filed H1B Extention 4/18/2008:D comapny paid for it.
more...
mbartosik
06-14 12:33 AM
If you are on speaking terms, and she is in USA, then consider extending an olive branch to her. You can always extend the olive branch after you get a receipt notice for your I485.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.
waitforgc1
02-26 09:37 PM
Once your H1b application gets selected you cannot work until atleast oct 01 2009 which is usually start date on the approval. the date may not be exactly oct 01 but it will be certainly in that range.
more...
sinemkeceli
01-24 11:03 PM
I had a opt which expired on the 9th. of november and on june 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in june 08 and I applied to eta 9089 on september 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after september. Now, my lawyer suggests me to go back to my country as my status will be put of satatus and I could continue my green card process from back home.
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
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needhelp!
09-12 02:52 PM
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09-12 02:52 PM
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milind70
10-08 12:35 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
more...
superdesi
09-15 04:00 PM
From my understanding the I-140 acceptance criteria for EB2 through labor certification, EB2 through NIW, and EB1 are completely different. You may have to redo the entire application process for EB-1(recommendations etc).
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Milind123
07-23 06:02 AM
what were the charges?
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muhamm5
02-05 10:54 PM
I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
. help will be appreciated
Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
. help will be appreciated
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apb
03-31 07:10 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
more...
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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)
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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msadiqali
01-09 02:56 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
thx
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salvador marley
04-29 05:05 PM
i want to delete it - send it to the recycle bin where it deserves
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tempgc
10-16 01:36 PM
I have a question regarding I-485 finger prints. Can I goto local USCIS office for fingerprints without original FP notice. I have a copy of the FP receipt notice sent by my lawyer by e-mail.
Thanks in advance.
Thanks in advance.
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bhatt
05-21 11:31 AM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
cbpds
08-07 03:31 AM
Nothing to worry, you have made no mistake, thats the way it appears
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
lecter
January 31st, 2004, 09:24 PM
I agree with Steve, the competition and advances are amazing...
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