Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
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eb3India
09-25 10:19 AM
Here is the mail from AILA,
September 25, 2006
Dear Immigration Advocates-
Your help is STILL needed TODAY! Senate Appropriators will meet late THIS AFTERNOON to decide if enforcement-only bills will be included in the Department of Homeland Security's appropriations package. Urge your Senators to oppose efforts to attach anti-immigration measures to this must-pass bill. Call or email your Senators TODAY - encourage them to weigh-in with Senate Appropriators about this urgent matter.
You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
Email your Senators through Contact Congress on AILA's website. We've already created a sample letter for you to send. All you need to do is enter your zip code, hit send, and your voice will be heard in Congress.
Call your Senators, you can find their telephone numbers in our Congressional Directory and you can use these talking points to help you when you call:
� Congress should stop playing politics with immigration and pass comprehensive immigration reform. These enforcement-only bills will do nothing to enhance border security and will not move us one inch closer to fixing our broken immigration system.
� Attaching these bills to DHS appropriations circumvents the legislative process on an issue of critical national importance; it undermines the intense and unflagging efforts of the Senate to solve this crisis; and it rewards the House for spending the summer attacking the Senate while abdicating its responsibility to the American people.
� Senators should forcefully oppose this effort by the House to nullify the Senate's bi-partison solution. If the Senate acquiesces on these provisions, the House will only be emboldened and will never return to debate comprehensive reform. This will not be "enforcement-first", it will be "enforcement-only."
� For laws to work, they must be realistic and fair. Our current immigration laws are neither: proposals like these that ignore the reality that immigrants come here to work and to be with their families are destined to fail.
� Giving the government unchecked powers to punish immigrants, and making local police chase after immigrants, will only drive undocumented immigrants further underground. It will not fix the problem; it will make matters worse.
We called you to action last week to alert you to an underhanded political strategy from immigration restrictionists to attach three enforcement-only bills to the DHS appropriations bill, a bill that must pass this year. You and your colleagues sent close to 2,000 letters to Congress, but we'll need more letters and phone calls in order to ensure that Senate Appropriators exclude these measures from the bill.
Leaders of the U.S. House of Representatives are working behind closed doors and using procedural mechanisms to attach enforcement-only provisions contained in three bills (H.R. 6094, H.R. 6095, and H.R. 4830) to the Department of Homeland Security appropriations bill, a piece of legislation that must pass this year. Although House leaders label these bills "border security" legislation, they are in fact harsh enforcement measures lifted from Rep. Sensenbrenner's H.R. 4437 that endanger due process rights and do little to make our borders more secure. You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
If these provisions are attached to the must-pass DHS bill, it will be nearly impossible to defeat them. Our best defense against this backdoor strategy is to put pressure on each U.S. Senator and encourage them to oppose any attempt to attach, or further these three enforcement-only bills. We're working hard in Washington to derail these political machinations, but we can't do it alone. We need your help. Please email or call both of your Senators today.
Over the summer House leadership used dozens of faux hearings to stage public displays of aversion to immigration reform. While they kept the media busy and their restrictionist base roiled, they failed to change the minds of the majority of Americans who support a comprehensive solution to our broken immigration system. Nor did they succeed in backing down the U.S. Senators who supported S. 2611, a strong step towards comprehensive immigration reform. Now that House leaders know that the full Senate won't pass their enforcement-only agenda, they have resorted to closed-door politicking. We must fight to prevent the breach of justice that would result from attaching these enforcement-only bills to must-pass legislation.
Please call and email your Senators today. Now is the time for action.
Sincerely,
Marshall
Marshall Fitz
Director of Advocacy, AILA
Email Marshall
The enforcement-only provisions are:
� Sections 101 and 102 of the Dangerous Alien Detention Act contained in H.R. 6094, which seek to legitimize the practice of indefinite detention of aliens awaiting removal, despite Supreme Court decisions requiring elimination of this practice;
� Section 201 of the Criminal Alien Removal Act contained in H.R. 6094, which would expand the use of expedited removal proceedings to individuals already in the United States - even individuals who have resided here for years - in ways that would significantly increase the risk of deporting innocent people;
� Sections 301-303 of the Alien Gang Removal Act contained in H.R. 6094, which would grant unfettered discretion to the executive branch to designate "criminal street gangs" and then strip members of such gangs of virtually all rights;
� Section 101 of H.R. 6095, which gives state and local police authority to investigate, arrest, and detain noncitizens for civil violations of immigration status;
� Sections 301 and 302 of the Ending Catch and Release Act contained in H.R. 6095, which would limit the power of federal courts to grant injunctive relief in civil immigration proceedings, despite acknowledgement by DOJ that such relief does not interfere with efforts to end the practice of catch-and-release.
September 25, 2006
Dear Immigration Advocates-
Your help is STILL needed TODAY! Senate Appropriators will meet late THIS AFTERNOON to decide if enforcement-only bills will be included in the Department of Homeland Security's appropriations package. Urge your Senators to oppose efforts to attach anti-immigration measures to this must-pass bill. Call or email your Senators TODAY - encourage them to weigh-in with Senate Appropriators about this urgent matter.
You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
Email your Senators through Contact Congress on AILA's website. We've already created a sample letter for you to send. All you need to do is enter your zip code, hit send, and your voice will be heard in Congress.
Call your Senators, you can find their telephone numbers in our Congressional Directory and you can use these talking points to help you when you call:
� Congress should stop playing politics with immigration and pass comprehensive immigration reform. These enforcement-only bills will do nothing to enhance border security and will not move us one inch closer to fixing our broken immigration system.
� Attaching these bills to DHS appropriations circumvents the legislative process on an issue of critical national importance; it undermines the intense and unflagging efforts of the Senate to solve this crisis; and it rewards the House for spending the summer attacking the Senate while abdicating its responsibility to the American people.
� Senators should forcefully oppose this effort by the House to nullify the Senate's bi-partison solution. If the Senate acquiesces on these provisions, the House will only be emboldened and will never return to debate comprehensive reform. This will not be "enforcement-first", it will be "enforcement-only."
� For laws to work, they must be realistic and fair. Our current immigration laws are neither: proposals like these that ignore the reality that immigrants come here to work and to be with their families are destined to fail.
� Giving the government unchecked powers to punish immigrants, and making local police chase after immigrants, will only drive undocumented immigrants further underground. It will not fix the problem; it will make matters worse.
We called you to action last week to alert you to an underhanded political strategy from immigration restrictionists to attach three enforcement-only bills to the DHS appropriations bill, a bill that must pass this year. You and your colleagues sent close to 2,000 letters to Congress, but we'll need more letters and phone calls in order to ensure that Senate Appropriators exclude these measures from the bill.
Leaders of the U.S. House of Representatives are working behind closed doors and using procedural mechanisms to attach enforcement-only provisions contained in three bills (H.R. 6094, H.R. 6095, and H.R. 4830) to the Department of Homeland Security appropriations bill, a piece of legislation that must pass this year. Although House leaders label these bills "border security" legislation, they are in fact harsh enforcement measures lifted from Rep. Sensenbrenner's H.R. 4437 that endanger due process rights and do little to make our borders more secure. You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
If these provisions are attached to the must-pass DHS bill, it will be nearly impossible to defeat them. Our best defense against this backdoor strategy is to put pressure on each U.S. Senator and encourage them to oppose any attempt to attach, or further these three enforcement-only bills. We're working hard in Washington to derail these political machinations, but we can't do it alone. We need your help. Please email or call both of your Senators today.
Over the summer House leadership used dozens of faux hearings to stage public displays of aversion to immigration reform. While they kept the media busy and their restrictionist base roiled, they failed to change the minds of the majority of Americans who support a comprehensive solution to our broken immigration system. Nor did they succeed in backing down the U.S. Senators who supported S. 2611, a strong step towards comprehensive immigration reform. Now that House leaders know that the full Senate won't pass their enforcement-only agenda, they have resorted to closed-door politicking. We must fight to prevent the breach of justice that would result from attaching these enforcement-only bills to must-pass legislation.
Please call and email your Senators today. Now is the time for action.
Sincerely,
Marshall
Marshall Fitz
Director of Advocacy, AILA
Email Marshall
The enforcement-only provisions are:
� Sections 101 and 102 of the Dangerous Alien Detention Act contained in H.R. 6094, which seek to legitimize the practice of indefinite detention of aliens awaiting removal, despite Supreme Court decisions requiring elimination of this practice;
� Section 201 of the Criminal Alien Removal Act contained in H.R. 6094, which would expand the use of expedited removal proceedings to individuals already in the United States - even individuals who have resided here for years - in ways that would significantly increase the risk of deporting innocent people;
� Sections 301-303 of the Alien Gang Removal Act contained in H.R. 6094, which would grant unfettered discretion to the executive branch to designate "criminal street gangs" and then strip members of such gangs of virtually all rights;
� Section 101 of H.R. 6095, which gives state and local police authority to investigate, arrest, and detain noncitizens for civil violations of immigration status;
� Sections 301 and 302 of the Ending Catch and Release Act contained in H.R. 6095, which would limit the power of federal courts to grant injunctive relief in civil immigration proceedings, despite acknowledgement by DOJ that such relief does not interfere with efforts to end the practice of catch-and-release.
immiadvise
12-30 08:03 PM
hi,
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
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enqueued
12-11 01:38 AM
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
more...
dingudi
03-05 12:03 PM
Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
more...
srikondoji
07-26 02:47 PM
pappu,
Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.
Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007
Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.
Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007
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visaspirant
10-22 10:40 AM
If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?
In her case, company has not revoked the H1 yet.
In her case, company has not revoked the H1 yet.
more...
chanduv23
07-05 10:20 PM
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
They seem to be a bunch of chaotic confused folks and don't know what they want.
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webm
10-22 09:44 AM
I guess all the EB2 june filers might get approvals rather than EB3 June..right??
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
more...
gcmaya
10-30 08:46 AM
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
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akilaakka
03-09 11:15 AM
Stuck no longer in the muck,
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
more...
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vactorboy29
10-09 04:54 PM
BECsufferer,
Does that mean you need to have visa stamp in your passport ? otherwise they would not issue German visa.
Does that mean you need to have visa stamp in your passport ? otherwise they would not issue German visa.
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snaidu
02-12 01:29 PM
How do cases get assigned to NSC or Texas?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
more...
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dan19
02-20 10:30 AM
Hello all,
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
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malibuguy007
07-17 12:36 AM
Very well written article indeed and quite balanced.
more...
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santa123
09-10 08:02 AM
http://mumbai.usconsulate.gov/cut_off_dates.html
:mad:
:mad:
:mad:
:mad:
:mad:
:mad:
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Siddharta
03-11 11:02 PM
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
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jigsaw
02-23 04:49 PM
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Thanks number30
Any idea how much time do they generally take to decide on N652.
Thanks again
Thanks number30
Any idea how much time do they generally take to decide on N652.
Thanks again
jaggu bhai
08-24 09:52 AM
Thank u all very much for ur valuable suggestions.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
Raju
07-02 09:51 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.
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