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01-20 07:00 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
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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
mjdup
10-19 10:49 AM
Just in case someone might find this useful --
I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
- At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
- went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
- waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
- She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
- But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
- But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.
We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).
Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.
Adios.
I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
- At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
- went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
- waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
- She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
- But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
- But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.
We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).
Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.
Adios.
2011 Happy 46th Birthday Ms Maricel
a_yaja
09-15 03:15 PM
In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --
USCIS does not publish a different bulletin. Only the Dept. of State publishes the bulletin and this is used by both the embassies for CP cases and by USCIS for AOS cases.
USCIS does not publish a different bulletin. Only the Dept. of State publishes the bulletin and this is used by both the embassies for CP cases and by USCIS for AOS cases.
more...
alex99
09-14 04:23 PM
I have an issue with my I-94 and need your advice on this.
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
psk79
05-28 12:27 AM
My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
more...
eb3_nepa
03-21 05:31 PM
Yeah was a real eye opener, this one. Makes u wonder sometimes, whether we are really welcome in this country or not. More importantly, will we ever be REALLY accepted as part of the "American culture". These organizations are open about their "feelings" toward immigrants. There are a Whole lot more people who may not be so open about their thoughts, but still have them nonetheless.
But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)
But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)
2010 Happy 46th Birthday Gloria
jnraajan
04-11 02:22 PM
^^^^^^^^^
more...
H1bslave
01-04 09:33 AM
I PMed you the insurances I have for my business.
Hello,
I have just registered my company and would like to know what business insurance i would need to do software consulting. Can anyone please help me out.
thanks
Hello,
I have just registered my company and would like to know what business insurance i would need to do software consulting. Can anyone please help me out.
thanks
hair Happy 46th Birthday Melissa
mattresscoil
12-09 11:02 AM
Hi everyone,
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
more...
senocular
10-28 09:59 AM
Woops sorry, I'll resize in a min.
Nah it says "Stop wasting your time".. didn't think anyone would bother ;)
No, it says "Stop Wasting Your ". Count the binary sequences.
1, 2, 3 ... 18.
("Stop Wasting Your Time").substr(0,18) == "Stop Wasting Your "
Nah it says "Stop wasting your time".. didn't think anyone would bother ;)
No, it says "Stop Wasting Your ". Count the binary sequences.
1, 2, 3 ... 18.
("Stop Wasting Your Time").substr(0,18) == "Stop Wasting Your "
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icleric
08-07 07:32 AM
nice :) keep it up
more...
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go2roomshare
10-01 11:05 PM
Congress Passes Border Fence Bill
from: http://www.numbersusa.com/index
Amnesty/Guestworker Programs Denied Before the Election
(September 30): Late Friday evening, the Senate passed H.R. 6061, the Secure Fence Act, by a 80-19 vote. The House had previously passed H.R. 6061 by a vote of 283-138-1 on September 14. It will now go to the President for signature. No further immigration-related action is expected in either chamber prior to the election.
This is a great victory, but much more needs to be accomplished. When Congress begins its post-election session on November 13, the push will begin again to pass additional enforcement measures, such as mandatory workplace employment verification and mandatory federal cooperation with state/local law enforcement, and to prevent amnesty and temporary worker programs from being revived.
from: http://www.numbersusa.com/index
Amnesty/Guestworker Programs Denied Before the Election
(September 30): Late Friday evening, the Senate passed H.R. 6061, the Secure Fence Act, by a 80-19 vote. The House had previously passed H.R. 6061 by a vote of 283-138-1 on September 14. It will now go to the President for signature. No further immigration-related action is expected in either chamber prior to the election.
This is a great victory, but much more needs to be accomplished. When Congress begins its post-election session on November 13, the push will begin again to pass additional enforcement measures, such as mandatory workplace employment verification and mandatory federal cooperation with state/local law enforcement, and to prevent amnesty and temporary worker programs from being revived.
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cinqsit
02-09 06:30 PM
Please help...
For your LCA and H1 petition I would think you should mention DC as work location -- but check with an attorney
You should be also aware that you might get USCIS site visit at the location that you mention so be prepared for that
Dont know about payroll
cinqsit
For your LCA and H1 petition I would think you should mention DC as work location -- but check with an attorney
You should be also aware that you might get USCIS site visit at the location that you mention so be prepared for that
Dont know about payroll
cinqsit
more...
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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?
Is there anyone who has this column filled in their 485 receipt?
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Cmartin
03-06 10:04 PM
Thanks a lot guys !
It was a long journey and I wish the same result to everyone else waiting.
It was a long journey and I wish the same result to everyone else waiting.
more...
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apahilaj
09-12 02:08 PM
What does this mean?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.
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milmuk
08-24 09:25 PM
This is a contract position to work in canada.This is normally through couple of vendors.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
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kumaabh
01-12 06:35 PM
Gurus,
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
Bharat123
07-26 07:38 PM
My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
belmontboy
05-06 07:37 PM
it was due to glitch.
quickly recouped losses.
quickly recouped losses.
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