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05-05 06:40 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
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freddyCR
March 1st, 2005, 05:02 PM
I almost fell into the scenery in this one.
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senk1s
05-14 12:20 AM
2 cent questions ...
Is NSC processing EB3s regularly?
TSC is not processing EB2s as well ... are they working on EB1s only?
Is it because the Visa #s are exhausted for the period?
Is NSC processing EB3s regularly?
TSC is not processing EB2s as well ... are they working on EB1s only?
Is it because the Visa #s are exhausted for the period?
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sammas
07-12 03:19 PM
* The expiration date of an approved labor certification depends on when it was approved.
* For labor certifications approved prior to July 16, 2007, the labor certification expires 180 days after July 16, 2007 – that is, January 12, 2008– unless filed prior to its expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition for alien worker.
* Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition.
Source : PERM Fraud Rules FAQ’s | usavisanow.com. Immigration Law Office of Maritza Diaz, PC. (http://www.usavisanow.com/perm/perm-faq/perm-fraud-rules-faqs/)
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* For labor certifications approved prior to July 16, 2007, the labor certification expires 180 days after July 16, 2007 – that is, January 12, 2008– unless filed prior to its expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition for alien worker.
* Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition.
Source : PERM Fraud Rules FAQ’s | usavisanow.com. Immigration Law Office of Maritza Diaz, PC. (http://www.usavisanow.com/perm/perm-faq/perm-fraud-rules-faqs/)
Go to the last question
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SPAD3S
03-23 02:30 AM
Nice stamp....Kirupa should do a thing were he picks like 25 peeps in a stamp contest and turns them into real stamps and peopl could buy them off the site for like 5 dollars or somthin lol
cr125rider
04-16 01:48 AM
Whew, I thought the logo was best too, good thing I saved it as a different psd. Modding now...
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TO BE OR NO TO BE
05-31 07:22 PM
Thank you very much Bluekayal and NJ09. Appreciate your response.
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shaikhshehzadali
07-11 11:38 AM
I think those bills will only be related to toughening border security n patrol..
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raj_ky
08-06 09:48 AM
In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".
My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.
Can I file another petition if this petition is rejected?
My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.
Can I file another petition if this petition is rejected?
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paulinasmith
10-09 05:32 PM
Hi pkrg21,
So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?
I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.
Thanks,
~ray
No the process must be completely restarted if you loose your job after I-140 approval.The only thing you get is the priority date.If your I-485 is already applied and it is pending for 180 days then there is no issue and you are safe.
So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?
I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.
Thanks,
~ray
No the process must be completely restarted if you loose your job after I-140 approval.The only thing you get is the priority date.If your I-485 is already applied and it is pending for 180 days then there is no issue and you are safe.
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the_jaguar
10-02 12:37 PM
It's taking anywhere between 4 to 6 weeks on an average after the introduction of the new lockbox system. We received our receipts in 29 days, so I don't think you should panic yet :)
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pappu
05-28 02:18 PM
Thank you for the thread
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heywhat
07-16 07:41 PM
After so many mails my lawyer said that they have applied for my LC on 06/25. After 15 emails, she replied that LC applied means it is still in advertisement phase ... oops .. They had my papers and all forms with them since Mar'07.
This they are not really confirming that where they have advertised and for which category (EB2 or EB3)..
:mad:
This they are not really confirming that where they have advertised and for which category (EB2 or EB3)..
:mad:
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arihant
04-02 10:58 AM
I feel bad for you. Given that nobody has responded to you yet, i am guessing not many are experiencing similar problems.
Try the following:
1) Talk to your lawyer and see if contacting your local congress person would help you.
2) Post in other forums as well such as murthy.com and immigrationportal.com.
Good luck. The whole GC process is very stressful when everything is progressing without a hitch. So, I cannot imagine how much more stressful it must be when things get screwed by BEC and/or USCIS.
Try the following:
1) Talk to your lawyer and see if contacting your local congress person would help you.
2) Post in other forums as well such as murthy.com and immigrationportal.com.
Good luck. The whole GC process is very stressful when everything is progressing without a hitch. So, I cannot imagine how much more stressful it must be when things get screwed by BEC and/or USCIS.
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gcnirvana
08-24 12:07 PM
bump
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Pinkie7
03-14 06:42 PM
I have I129 document (Petition for Nonimmigrant worker) which was valid from 10/01/07 to 09/24/2010. However i never used it. As My husband is working in US on H1b visa, i am now looking for job in US. Can you please let me know if this I129 can be used or not. I would highly appreciate early response.
Thanks
Thanks
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akhilmahajan
06-25 04:42 PM
mine is march '07 and still waiting.................
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vinki
08-23 06:09 PM
Hi !
Our lawyer had posted our application on July 2nd and we had our fingerprinting scheduled for 21st august which was completed.
I checked my status on the USCIS site for the very first time today. And it says. "On July 30, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case" . Can anyone kindly explain me what this means ( how July 30th and what mail are they talking about ?we never received any! ) ...
Thanks..
Our lawyer had posted our application on July 2nd and we had our fingerprinting scheduled for 21st august which was completed.
I checked my status on the USCIS site for the very first time today. And it says. "On July 30, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case" . Can anyone kindly explain me what this means ( how July 30th and what mail are they talking about ?we never received any! ) ...
Thanks..
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shana04
01-26 12:29 PM
Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
you need to write a covering letter describing your mistake and mention all the supporting documents
Supporting documents can be
1. your passport
2. your husband passport with your name mentioned on it
3. your birth certificate
4. your educational certificate (if it specifies your country of birth)
I would suggest to send at least two or three supporting documents which shows your date of birth.
In fact I did the same problem and I had to send the supporting documents.
good luck.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
you need to write a covering letter describing your mistake and mention all the supporting documents
Supporting documents can be
1. your passport
2. your husband passport with your name mentioned on it
3. your birth certificate
4. your educational certificate (if it specifies your country of birth)
I would suggest to send at least two or three supporting documents which shows your date of birth.
In fact I did the same problem and I had to send the supporting documents.
good luck.
qualified_trash
07-12 01:12 PM
Does your employer do all the work or the lawyer?
All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.
All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.
tipsvizag
05-15 06:57 PM
:)
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]