amyleu
06-18 12:50 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.
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mrajatish
04-26 11:41 PM
That is just so wrong - you need BS and MS, it does not matter how long your MS takes.
valysivec27
09-25 11:26 AM
Hello, I need your advice here. I have an old LCA, priority date 03/2003 that was stuck in the backlog center untill last week. Also, I applied through PERM for a new LCA that was approved and was able file I485 in July this year, just got the receipt numbers.
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
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pappu
04-06 03:35 PM
Michele Wucker will be on MSNBC Saturday
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
more...
ski_dude12
01-20 04:08 PM
Yeah. Mention the company's name that filed GC for you/wife. I did the same for my wife. During the interview we both were asked about whether employer had filed for our GC and we said yes. We got the visa, no issues whatsoever.
h1-b forever
01-27 09:06 AM
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
Will you be affected by the employer-employee memo? It is based on this memo that many of the problems are arising. Talk to your lawyer too about it.
Will you be affected by the employer-employee memo? It is based on this memo that many of the problems are arising. Talk to your lawyer too about it.
more...
WaitingUnlimited
10-02 12:43 AM
I don't think there is any site in this world which can give US visa status after the interview.
Interviews are conducted by govt officials and not just other websites, but the consulate offices are also not maintaining any sites to track the status. I am 99% confident about this.;)
Interviews are conducted by govt officials and not just other websites, but the consulate offices are also not maintaining any sites to track the status. I am 99% confident about this.;)
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chinna2003
05-14 11:01 PM
I have EAD through my wifes employment under Eb3 category with a PD 2005. we are expecting a baby in september, so
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
more...
psaxena
01-14 02:16 PM
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
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casinoroyale
07-01 11:39 AM
Is PD porting allowed without ever working for the future employer who got I-140 approved? Is this still possible if the future employer revokes the I-140 because employee does not intend to join them?
more...
gregspirited
08-19 09:17 PM
I thought labor cert is tied to a specific position and once I change my profile completely (say from software engineer to product management) I need to re-apply PERM eventhough I work for the same company.
Any thoughts?
Any thoughts?
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eb3retro
02-12 10:17 AM
During this tough times of un-employment, it is very unfortunate that many of us lose our jobs. As a result many of us lose medical benefits too. I would like to explore our options for medical insurance (which is the most needed) for someone who lost their jobs and cannot afford COBRA coverage since it is very expensive. IF you are unemployed and if you have bought your own medical insurance (not as a group plan through the employer), but bought it as an individual plan, can you throw in some details. This will be helpful to many who have lost or going to lose jobs, for them to understand how much they need to spend for different kinds of medical coverage. Thanks to everyone.
more...
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brb2
03-28 09:46 AM
Democrats are on a dual strategy here. By backing farm labor they are trying to get the votes of the latinos. By not allowing this to wade in to other skilled jobs they are keeping their union members protected.
Democrats should be seen to be what they are. If you live in CA, you must e-mail Diane and ask her why she is discriminating against Indians, Chinese, Fillipinos etc.
By the time amendments are added the bill will be too heavy to pass in the senate and there will be no legislation passed! I am almost at the point of writing to my senators to vote against the bill!
its all politics for votes...
Democrats should be seen to be what they are. If you live in CA, you must e-mail Diane and ask her why she is discriminating against Indians, Chinese, Fillipinos etc.
By the time amendments are added the bill will be too heavy to pass in the senate and there will be no legislation passed! I am almost at the point of writing to my senators to vote against the bill!
its all politics for votes...
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ameryki
07-04 07:29 PM
I am not an attorney but questions related to your employer etc should not be asked if you enter on AP. They are more focused on those questions when one enters using a work visa of some sorts. I suggest you enter asap using your AP given that it expires in a month get your green card in hand and then you are free man. You can even go back work out of the country for a limited time until you find a project here. By the way congratulations.
more...
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willgetgc2005
05-06 10:09 AM
Hello,
The original labor approval is lost by Attorney, how ever he has the copy of the approval. He says we can file I-140 with copy. Any one has had this situation ? What is your experience doing this ?
Thank You
The original labor approval is lost by Attorney, how ever he has the copy of the approval. He says we can file I-140 with copy. Any one has had this situation ? What is your experience doing this ?
Thank You
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langagadu
07-28 10:45 PM
BTW Murthy is not he.
more...
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anurakt
11-13 02:07 PM
WaldenPond,
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
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ssdtm
12-13 06:49 PM
To be 100% safe, wait for EAD.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
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Anders �stberg
February 3rd, 2005, 06:28 AM
Just relialized I may be influenced by my own zipper picture (http://www.dphoto.us/forumphotos/data/876/ZipItBlack_2806.jpg)... I guess it shows how my brain is pre-programmed for certain patterns. :)