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08-07 09:40 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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Templarian
10-06 04:24 PM
*cough* (http://www.kirupa.com/forum/showthread.php?t=306599)

Prashanthi
06-23 05:04 PM
You would need to take an updated affidavit of support and you latest tax returns if you have filed for any dependents and they have been called for the interview also. Would be useful for you to take the I-140 approval with you. All your original certificates, including birth and marriage, employment letter, W-2's, medicals if the ones that you submitted have expired, you need to follow the list of documents as per the interview letter. If your spouse has been called for the interview you would need to take joint documents and photographs to show that it is a bona fide marriage.
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pappu
02-05 10:57 PM
Hi all,
I am on H4 for the past few years. This year I am planning to switch to H1. A consulting firm of only 5 employees is willing to sponsor my H1. I would like to know the chances of my H1 getting approved. Because the company is small am I going to face any problems? What will be the impact of the size of the company on H1 approvals.
I would really appreciate your inputs because this time I want to resume my career again and I don't want to have any problems with H1.
Thanks,
Amul
find out about their ability to pay you so that they don't exploit you. If you are planning to apply for Greencard then this is very important.
I am on H4 for the past few years. This year I am planning to switch to H1. A consulting firm of only 5 employees is willing to sponsor my H1. I would like to know the chances of my H1 getting approved. Because the company is small am I going to face any problems? What will be the impact of the size of the company on H1 approvals.
I would really appreciate your inputs because this time I want to resume my career again and I don't want to have any problems with H1.
Thanks,
Amul
find out about their ability to pay you so that they don't exploit you. If you are planning to apply for Greencard then this is very important.
more...

Leo07
09-03 05:03 PM
I was thinking I'm the only one waiting for the inventory data eagerly.I just stopped short of opening a thread though:)
As ridiculous and pathetic as it may sound in our case, Homo sapiens like to wait for something good or in 'hope' for the good to come.
While waiting for GC eternally, we learned to wait for VB each month,Demand Data used for VB each month,Inventory Data released quarterly. Of course, for all the analysis & comments that come out of each of these data points.
If it helps any, don't expect it before Tuesday/Wednesday next week.
Have a wonderful long weekend y'all!
When will they post inventory data? I got bored with analyzing/looking May 2010 inventory. EB3 filers like me needs something to munch on for next couple of years.
Note to USCIS: don't delay your release dates of inventories. Keep us busy ...
As ridiculous and pathetic as it may sound in our case, Homo sapiens like to wait for something good or in 'hope' for the good to come.
While waiting for GC eternally, we learned to wait for VB each month,Demand Data used for VB each month,Inventory Data released quarterly. Of course, for all the analysis & comments that come out of each of these data points.
If it helps any, don't expect it before Tuesday/Wednesday next week.
Have a wonderful long weekend y'all!
When will they post inventory data? I got bored with analyzing/looking May 2010 inventory. EB3 filers like me needs something to munch on for next couple of years.
Note to USCIS: don't delay your release dates of inventories. Keep us busy ...

dpp
08-20 10:31 AM
Nebraska is the main and big center for USCIS. So, it has got more staff and more applications, more delays (sometimes). Nebraska transfers its load to TSC from time to time. Sometimes, TSC looks faster, but it is not real. It is fast because it has got fewer cases to process. When NSC sees that, then it uploads some of its load to TSC.
Not all USCIS centers are of same size and staff. NSC is the big one.
Not all USCIS centers are of same size and staff. NSC is the big one.
more...

vicks_don
05-19 03:12 PM
You should just provide a valid reason for your case for the senator to help. All senators have direct lines to immigration offices. They can expedite your case and the results are astonishing.
My cousin left to india for an emergency and his AP was pending. Contacted senator and got it approved immediately in a day.
I also heard that one person got his 140 approved in a week. Not sure what reason he provided.
But senators are certainly helpful unlike Indian politicians.
My cousin left to india for an emergency and his AP was pending. Contacted senator and got it approved immediately in a day.
I also heard that one person got his 140 approved in a week. Not sure what reason he provided.
But senators are certainly helpful unlike Indian politicians.
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paskal
09-11 12:06 PM
my amateur opinion would be that if you get another J1 visa after the waiver- you will need another waiver- last action is what counts!
i'm presuming we are not talking about a physician J-1 here.
there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...
hope that helps!
i'm presuming we are not talking about a physician J-1 here.
there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...
hope that helps!
more...

sameer2730
06-28 08:37 PM
Does the "Receipt Rule" apply if an approved EAD is lost in email and a replacement EAD is applied for. The documentation mentions that it is valid to accept the EAD receipt for upto 90 days after joining date or for 90 days after reverification(which I presume happens after the current EAD expires)
?
?
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ak_manu
10-30 12:07 PM
Hello,
I would need to apply for transit visa to fly through UK. There is a UK consulate office in ATLANTA but not sure if they would give transit visa if I go in person there? Did anyone had any experience.
Thanks
AK_MANU
I would need to apply for transit visa to fly through UK. There is a UK consulate office in ATLANTA but not sure if they would give transit visa if I go in person there? Did anyone had any experience.
Thanks
AK_MANU
more...

gawadejyoti
05-29 04:04 PM
in case if my employer will not file extention petition. can i go back india and again apply for L1 visa.
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sathishkrish
07-06 04:25 PM
07/06/2007: SPECIAL ALERT: U.S. Visa Posts Will Continue to Issue Immigrant Visas in July for July Interview Scheduled EB Applicants?
AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
It thus appears that those who are scheduled for IV interviews should keep the schedule of interviews in July regardless of the current Visa BullEtin fiasco. Readers may also ignore our previous message on the consular processing. It is an extremely confusing time. Please check the visa interview appointment letters from your American consulate. Please stay tuned to this website for further information on the IV consular processing.
Source : Mattew Oh immigration-law.com
AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
It thus appears that those who are scheduled for IV interviews should keep the schedule of interviews in July regardless of the current Visa BullEtin fiasco. Readers may also ignore our previous message on the consular processing. It is an extremely confusing time. Please check the visa interview appointment letters from your American consulate. Please stay tuned to this website for further information on the IV consular processing.
Source : Mattew Oh immigration-law.com
more...
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bowbow
08-16 09:43 AM
I hate IT consultancy Business. I don't want to cheat hard working people.
I wanted to start something good that i can work by my self and not cheating others.
I wanted to start something good that i can work by my self and not cheating others.
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gcseeker2002
06-25 12:16 PM
If you sign today, put todays date
more...
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jonty_11
03-10 03:35 PM
ask to see if ur company can support the original GC application also. If they will provide you documentation that you mention in the 3rd point you should be fine.
Your company attorney's should be able to guide you more.
I think this is no different that using an EAD to switch jobs. You can continue working on H1B also - provided your company sees no need to file amended H1B .
Your company attorney's should be able to guide you more.
I think this is no different that using an EAD to switch jobs. You can continue working on H1B also - provided your company sees no need to file amended H1B .
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guy03062
04-14 01:23 PM
Well, everyone should be proud of IV's great volunteers too who have always proved their consistent success from time to time - though big sucess yet to come! As these volunteers are just like one of us who are working full-time in their job and contribute to IV as and when they can - but I always felt that IV is managed by bunch of full-time professionals with so efficient and accurate manner! Their leading efforts to solve legal immigrant's problems are really commendable!! We are equally graced with great IV members who contributed $$ generously every time (and hope they will keep continue) and helped other way too (e.g. live update of senate sessions, news links, new immigration bills, etc...).
Thanks to everyone. Really proud of being IV member. United we stand!
Thanks to everyone. Really proud of being IV member. United we stand!
more...
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julia0345
05-06 03:58 PM
How to check my DV_2011 result?
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rdehar
10-07 11:59 AM
Thanks for your reply.
Is there any way that i can start working immeadiatly after getting the approval (May 2010), like Premium processing or COS immeadiatly ?
Thanks,
-Srinivas
ravise is absolutely right, u will get H1 for the period remaining (6 years minus time spent on L1). Also, if u file in next year's quota (filing starts in Apr 2010), it cannot have a start date earlier than Oct 1, 2010. I don't think u can start working on H1 before that date, even if u file premium.
Why don't u ask you company to file in current year's quota -- there are still visas available.
Is there any way that i can start working immeadiatly after getting the approval (May 2010), like Premium processing or COS immeadiatly ?
Thanks,
-Srinivas
ravise is absolutely right, u will get H1 for the period remaining (6 years minus time spent on L1). Also, if u file in next year's quota (filing starts in Apr 2010), it cannot have a start date earlier than Oct 1, 2010. I don't think u can start working on H1 before that date, even if u file premium.
Why don't u ask you company to file in current year's quota -- there are still visas available.
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Karan
08-23 01:20 PM
My lawyer says 'do not worry' and he does not say what may be potential impact. gurus can you help what kind of trouble I would be facing?
good idea
11-09 02:33 PM
Any Idea when Tracker menu will work,
I am trying since last few weeks but always get error message.
Any idea how can I access Tracker?
http://immigrationvoice.org/tracker/tracker.php?view=1
I am trying since last few weeks but always get error message.
Any idea how can I access Tracker?
http://immigrationvoice.org/tracker/tracker.php?view=1
nousername
04-07 09:00 PM
Once you switched from F1 to H1 your F1 becomes void.
If you can get an approved transfer (don't know form # or name) then you should be good, and don't need another stamp. That is my best "guess".
Hi,
I was on an F1 visa until Oct, 2008 and on H1-b visa after that.
The expiry date on my F1 visa stamp is in 2011.
I intend to convert from H1 to F1 . Do I require a new F1 visa stamp or will my old stamping be valid still?
Thanks in advance.
If you can get an approved transfer (don't know form # or name) then you should be good, and don't need another stamp. That is my best "guess".
Hi,
I was on an F1 visa until Oct, 2008 and on H1-b visa after that.
The expiry date on my F1 visa stamp is in 2011.
I intend to convert from H1 to F1 . Do I require a new F1 visa stamp or will my old stamping be valid still?
Thanks in advance.
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