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05-16 01:09 PM
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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)
judex
05-05 12:02 AM
eb2waiter,
senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question... better pray for the CIR to be passed first...
senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question... better pray for the CIR to be passed first...
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JA1HIND
02-14 03:31 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
more...
natrajs
08-21 05:36 PM
Just Wait, Nothing You can do!
lazycis
12-20 09:22 AM
She's done it aready. Why worry about the future? I do not see a problem with switching from B2 to H1. Hope she was not working while on B2 :)
more...
coopheal
07-07 11:36 AM
Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
if you were paroled in put the date you were paroled in to. see I-94
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
if you were paroled in put the date you were paroled in to. see I-94
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08OCT2008
08-24 12:24 PM
I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
more...
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jkays94
04-07 06:00 PM
While the issues being highlighted may lean towards those being termed as illegal aliens, I wouldn't be so quick to call these organizations as exclusively illegal immigrant interest groups. However it is up to one to make their personal decision whether to attend or not, if there weren't legal immigrants and citizens amongst their midst (http://www.cnn.com/video/player/player.html?url=/video/us/2006/04/01/huntington.ny.immigration.rally.cnn) (see linked interview), no one would listen or take note, one thing is certain though, we're now in the same boat given the bill has been thrown into uncertainity :
The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :
Congress should pass real, immigration reform that:
1) respects our values of fairness, hard work and family
2) provides a clear path to earned citizenship
3) fixes America's immigration system to make it safe, legal, and orderly
4) unites families
5) ensures workplace and civil rights protections for everyone
The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :
Congress should pass real, immigration reform that:
1) respects our values of fairness, hard work and family
2) provides a clear path to earned citizenship
3) fixes America's immigration system to make it safe, legal, and orderly
4) unites families
5) ensures workplace and civil rights protections for everyone
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Cherrymn
02-17 04:38 PM
this was NY Consulate
more...
moonrah
07-26 09:47 PM
Hi Rosebell,
Thanks for the reply. How to show that labor is pending for more than one year? How to get a proof for that? Can I get it from any website?
Thanks,
Thanks for the reply. How to show that labor is pending for more than one year? How to get a proof for that? Can I get it from any website?
Thanks,
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chanduv23
10-20 09:10 PM
Folks!
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
more...
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GCBy3000
04-30 10:32 AM
04/29/2007: Need for Networking of Immigrants to Support Immigration Reform Legislation
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
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chinna2003
05-15 10:15 AM
I realize the miscommunication on my part so I apologize to my previous post that i didnt understand the reply.
I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
EB3 PD is Feb 2005
I 140 approved filed 02/2006
I485 07/2007
RFE for EVL April 2009 submitted
I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
EB3 PD is Feb 2005
I 140 approved filed 02/2006
I485 07/2007
RFE for EVL April 2009 submitted
more...
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neeidd
07-09 11:38 AM
One cannot work on H4.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
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austingc
05-03 04:18 PM
austingc,
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
more...
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Charlotte
05-21 04:57 PM
I tried applying for License Renewal inn NC when my H1 was pending with USCIS, they strictly told me that they will not issue the license until we get the approval notice from USCIS. if you have any luck please let me know?
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sunny1000
06-01 07:53 PM
My online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
Online status is error prone and so, it is useless. USCIS is correct in its response that your priority date is almost 2 years away. Even if they had given you a GC by mistake, they would have taken it away after realizing the error.
Your best option may to port from EB3 to EB2, if a job is available and you are qualified.
good luck.
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
Online status is error prone and so, it is useless. USCIS is correct in its response that your priority date is almost 2 years away. Even if they had given you a GC by mistake, they would have taken it away after realizing the error.
Your best option may to port from EB3 to EB2, if a job is available and you are qualified.
good luck.
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martinvisalaw
02-10 02:38 PM
It's hard to answer without seeing the actual NOIR. However, CIS could have made a mistake, which happens sometimes. Whatever the response, make sure that it is filed before the NOIR deadline. Good luck.
mrana
01-13 08:20 PM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
jonty_11
04-11 04:08 PM
how do you know its run by funding generating from immi fees? any links?
Even so; not being a Vote bank is the reason we cannot do anyting here. Plus we are not united enough to generate enough funds or show enough economic impact (i.e. make our case) with lawmakers to get USCIS to clean up their act. IV is our best chance.
Even so; not being a Vote bank is the reason we cannot do anyting here. Plus we are not united enough to generate enough funds or show enough economic impact (i.e. make our case) with lawmakers to get USCIS to clean up their act. IV is our best chance.
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