sukhyani
10-04 12:55 PM
^^^^^bump^^^^^^
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amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
pcs
04-07 08:06 PM
They are a force to reckon with & their succes will help us NOT hurt us.
Let us encourage them to protest.
Let us encourage them to protest.
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keyboard2pc
06-12 12:54 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
more...
gcpool
04-18 06:49 PM
http://www.myvisajobs.com/
nobody
04-19 08:00 PM
Aw I was gonna do a recursive stamp. Shucks. Yours looks way better than mine would have though... good job!
more...
ssdtm
03-14 04:34 PM
Big cos generally file a new Labor and are hesitant to hire if someone is beyonnd 6 yrs period. Even if you convince them that your old PD can be transferred, they are not convinced....(or do not know much about the process).
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djmaddy
07-18 12:23 PM
Thanks a lot Kirupa!
more...
newh1user
01-22 03:16 PM
my new company filed h1 transfer on premium on 17 of jan and got fedex delivery on 18th .I have to join this company asap..so I have few question
1. can i join this company even the receipt is not available?
2. how long its take to get the receipt and approval in premium processing?
3. is there any chance to denied if yes what are those factors if any one come accross?
1. can i join this company even the receipt is not available?
2. how long its take to get the receipt and approval in premium processing?
3. is there any chance to denied if yes what are those factors if any one come accross?
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godbless
05-01 09:08 AM
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
more...
supers789
05-22 04:34 PM
Hi,
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
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jaya_chh
09-19 11:35 AM
Hello All,
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
more...
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jim
11-12 01:29 AM
Hi,
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
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linklinklink
06-22 02:02 PM
I received my daughter's and my I-797A approval notice. All information on the attached I-94s are correct, but we have same I-94# which is my daughter's old I-94#. I called USCIS 800 number. The lady who answered the phone told me that it's normal becauce my daughter is my dependent. I also went to local USCIS office. Basically they don't kown why it happened and how it happened. They say that I should send the I-797As back to the office where the approval notices are issued to see if it's an error.
Any one has this experience? Is there any problem that I use this I-94 number to file I-485 for my daughter and me which USCIS 800 says "no problem."?
Thank you for your comments.
Any one has this experience? Is there any problem that I use this I-94 number to file I-485 for my daughter and me which USCIS 800 says "no problem."?
Thank you for your comments.
more...
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masti_Gai
01-10 03:28 PM
I mean the PD dates moving...;)
Let the PD dates move and give us some relief;)
Let the PD dates move and give us some relief;)
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gsc999
04-18 07:05 PM
http://www.myvisajobs.com/
---
Did you try it Before recommending?
Says, "Search results unavailable" for most queries.
---
Did you try it Before recommending?
Says, "Search results unavailable" for most queries.
more...
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chinnailu
04-19 11:18 AM
What Ann said is correct. You can get stuck in Canada. Check this recent experience :H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada. (http://redbus2us.com/h1b-visa-stamping-experience-2010-in-canada-19-days-wait-in-canada/)
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vishwak
11-23 10:51 AM
Hi,
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
Get Education Evalutaion done as per job requirement.
You need someone who can write nice Theory on your Experience and Education & showing you are qualified for it. You will get H1B. All the best.
Keep updating thread.
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
Get Education Evalutaion done as per job requirement.
You need someone who can write nice Theory on your Experience and Education & showing you are qualified for it. You will get H1B. All the best.
Keep updating thread.
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Blog Feeds
04-05 09:40 AM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
gimme Green!!
07-06 02:56 PM
Admin - please close / delete this thread.
There is another one on the same topic.
There is another one on the same topic.
krishmunn
12-25 10:56 AM
The salary should be increased the day H1 kicks in. This should be the H1 start date mentioned in approved petition in case of COS
OR
Once you enter US with H1 status if it is not a COS
OR
Once you enter US with H1 status if it is not a COS