achu
09-18 04:19 PM
I applied RIR (labor) as Programer Analyst (030.162-014), But my labor certified copy it say job code as 030.062-010 (Software Engineer).
which code should i follow for future reference like AC21?
thanks
achu.
which code should i follow for future reference like AC21?
thanks
achu.
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Blog Feeds
03-08 01:00 PM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
vivache
09-28 11:24 AM
I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
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pappu
08-31 03:41 PM
Thanks Members for quick response. There are few volunteers who have sent emails and are being contacted. It should be sufficient for now. In future if there is a need, I can let you know on the forum. Thanks again for your enthusiasm and continued support for IV efforts.
more...
gskang
02-22 11:50 AM
Hello There,
Thank you taking time to go through the details.
My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.
Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.
My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.
My questions are:
1: What steps should I take to save my immigration status?
2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
3. Can my H1B be renewed as it has already expired?
4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
5. Have you experienced any cases similiar to mine and what were the outcomes?
Please, let me know your thoughts as your expertise can certainly help me save my career.
Thank you again for your time and consideration. I look forward to hearing from you.
Regards,
Gursharan
Thank you taking time to go through the details.
My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.
Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.
My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.
My questions are:
1: What steps should I take to save my immigration status?
2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
3. Can my H1B be renewed as it has already expired?
4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
5. Have you experienced any cases similiar to mine and what were the outcomes?
Please, let me know your thoughts as your expertise can certainly help me save my career.
Thank you again for your time and consideration. I look forward to hearing from you.
Regards,
Gursharan
gxr
09-07 01:19 PM
RD of Labor is what I have heard so far.
more...
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matreen
08-22 06:39 PM
Hmmmmm....
How about this...
After you applied your 485 and work for the same company for 180 days, also you got your EAD. .....
Can someone change the employer afterwords (after 180 days) without worrying about H1B visa renewal/transfer?
If so what are the requirements....common guru's give us some hopes....
Thanks,
MS
How about this...
After you applied your 485 and work for the same company for 180 days, also you got your EAD. .....
Can someone change the employer afterwords (after 180 days) without worrying about H1B visa renewal/transfer?
If so what are the requirements....common guru's give us some hopes....
Thanks,
MS
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saro28
01-12 09:46 PM
Even I noticed the same in my case EB3 12/2001. Don't know what it means!
Feb. Bulletin may give some hope
Feb. Bulletin may give some hope
more...
cinqsit
02-05 01:23 AM
Hi,
Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.
Thanks in advance for your help.
Unfortunately the answer is No.
You will have to wait (and trust) for your employer/attorney to give you this info.
Also you can check on the current perm processing dates which the USCIS issues I think every 3 months to see
how far the queue has moved and if you know approx date when your labor was filed you can make a guess
based on the published date and your filing date
cinqsit
Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.
Thanks in advance for your help.
Unfortunately the answer is No.
You will have to wait (and trust) for your employer/attorney to give you this info.
Also you can check on the current perm processing dates which the USCIS issues I think every 3 months to see
how far the queue has moved and if you know approx date when your labor was filed you can make a guess
based on the published date and your filing date
cinqsit
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Life2Live
04-05 09:49 AM
Me too on same boat. I think we can post this on lawyer's forum too.
more...
jcrajput
05-11 12:52 PM
Can anyone please help?
Thx
Thx
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imi99999
02-25 11:45 PM
Dear Friends at forum:
My husband was an Asylee (approved asylum) when he got married to me. But he got the Green card through me. I am a US citizen. Now he wants to apply for Citizenship through me.
when we applied for his Green card he had to renew his passport of his country of citizenship. it was one of the requirements. That country of citizenship was obviously also the county of his persecution. there was absolutely no issue about it at the time of his Green card interview.
But could it be a problem for citizenship interview?
He never traveled to his country of citizenship nor to any other place. He has never left USA ever since he came here. Does his asylum case will again surface at the time of citizenship even when he is applying for citizenship through me?My understanding is that the asylum thing is no more the issue if he got the GC through me??
Your advice, input and suggestions will be highly appreciated.
Sincere replies only
Thanks a lot in advance!
My husband was an Asylee (approved asylum) when he got married to me. But he got the Green card through me. I am a US citizen. Now he wants to apply for Citizenship through me.
when we applied for his Green card he had to renew his passport of his country of citizenship. it was one of the requirements. That country of citizenship was obviously also the county of his persecution. there was absolutely no issue about it at the time of his Green card interview.
But could it be a problem for citizenship interview?
He never traveled to his country of citizenship nor to any other place. He has never left USA ever since he came here. Does his asylum case will again surface at the time of citizenship even when he is applying for citizenship through me?My understanding is that the asylum thing is no more the issue if he got the GC through me??
Your advice, input and suggestions will be highly appreciated.
Sincere replies only
Thanks a lot in advance!
more...
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desi3933
02-04 09:20 AM
On your I-485 approval, H4 status is lost and no longer valid.
Incorrect!
If the person is out of country while on H1/H4 and I-485 is approved, he/she can enter USA on valid H1/H4 visa stamp and will be offered Deferred Inspection. In most cases, they have to report within 7-14 days to local USCIS for passport stamping.
I suggest that you get more details about Deferred Inspection with your attorney.
________________________
Not a legal advice.
US citizen of Indian Origin.
Incorrect!
If the person is out of country while on H1/H4 and I-485 is approved, he/she can enter USA on valid H1/H4 visa stamp and will be offered Deferred Inspection. In most cases, they have to report within 7-14 days to local USCIS for passport stamping.
I suggest that you get more details about Deferred Inspection with your attorney.
________________________
Not a legal advice.
US citizen of Indian Origin.
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CRAZYMONK
03-18 02:44 PM
If that is the case, why don't you opt for 1 and not go for stamping? Indeed you don't need to if you are planning to use AP.
more...
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lca2004
04-11 04:22 PM
Whn I entered US after visiting home country Nov 06, they gave me an I 94 till Dec 06 which was the end term of my first H1 B term.
i got the approval for xtension. In approval notice at the bottom, i see a new I 94 till 2009.
so now i got 2 I-94's now.
cud any body tell which is the real one.
next time whn i go out of this country, which i-94 i shud i hand it over to the officials??
pls tell ur experiences..thank u
i got the approval for xtension. In approval notice at the bottom, i see a new I 94 till 2009.
so now i got 2 I-94's now.
cud any body tell which is the real one.
next time whn i go out of this country, which i-94 i shud i hand it over to the officials??
pls tell ur experiences..thank u
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abhicyber
02-03 07:45 PM
Hi Guys,
I have recently got married and entered US on AP, I have not used my EAD and started working for the same employer (GC sponsered). My wife is going for H4 Stamping in US consulate in India. Does any one has any experience? Do you see any problem during Stamping.
Thanks in Advance.
-Abhi
I have recently got married and entered US on AP, I have not used my EAD and started working for the same employer (GC sponsered). My wife is going for H4 Stamping in US consulate in India. Does any one has any experience? Do you see any problem during Stamping.
Thanks in Advance.
-Abhi
more...
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eb3retro
01-29 02:26 PM
I would anticipate EAD to be processed in max of 3 months and AP in 2 months.
Would also add a buffer of 2 weeks (just in case).
Thanks Krishna...
Would also add a buffer of 2 weeks (just in case).
Thanks Krishna...
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smarth
02-13 03:18 PM
Hi ,
howmany days will it take by USCIS to give decision once after we submit all relevant documents for I140 RFE.
Center-TEXAS
Thanks
howmany days will it take by USCIS to give decision once after we submit all relevant documents for I140 RFE.
Center-TEXAS
Thanks
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gunabcd
06-22 03:40 PM
I-140 Premium processing upgrade receipt number
Dear firends.,
My lawayer upgraded to premium processing for I-140 on June 20th,2007. Will I get a new receipt number or should I keep checking the status for the original I-140 receipt number
Please advise
Thanks
I'm in same boat, upgraded to PP on June 1. your new status of I140 will be "We received request for PP". usually they update the online status on friday night. Expect an RFE early next week, they just want more time, so they send some non-sense RFE. RFE resets the 15 day clock.
Dear firends.,
My lawayer upgraded to premium processing for I-140 on June 20th,2007. Will I get a new receipt number or should I keep checking the status for the original I-140 receipt number
Please advise
Thanks
I'm in same boat, upgraded to PP on June 1. your new status of I140 will be "We received request for PP". usually they update the online status on friday night. Expect an RFE early next week, they just want more time, so they send some non-sense RFE. RFE resets the 15 day clock.
krishmunn
04-04 08:38 PM
Experience should be AFTER you get your degree. Also, your experience with current employer cannot be counted unless the new opening is substantially different than your current position.
Krilnon
10-11 04:40 AM
You do know that there was actually a kF member named reverendflash (http://www.kirupa.com/forum/member.php?u=1385) once, right?
If not, it's a funny coincidence.
If not, it's a funny coincidence.
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