martinvisalaw
09-27 06:32 PM
So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??
Not recommended - CIS will reject a H-1B without a certified LCA.
[/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]
The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.
Not recommended - CIS will reject a H-1B without a certified LCA.
[/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]
The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.
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Lisap
09-07 05:56 PM
Perfect!! Thank you. So that means that the next time the visa bulletin says that it is at atleast May of 06 my green card could be issued? Is that correct?
rongha_2000
04-22 12:16 PM
Workvisaforall,
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
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jilh
07-29 07:23 PM
We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.
We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?
This scientist is very important to our company. What shoul we do to let INS reconsider this decision?
Thanks for your help.
We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?
This scientist is very important to our company. What shoul we do to let INS reconsider this decision?
Thanks for your help.
more...
chanduv23
09-15 04:18 PM
Bump
gchopes
06-02 05:50 PM
Thanks for your responses. Will the 240 day rule apply even if I reentered on AP and in parolee status?
more...
lacrossegc
07-03 01:12 PM
http://thehill.com/leading-the-news/house-republicans-vow-to-take-the-offensive-on-immigration-2007-07-03.html
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jungalee43
04-05 07:58 AM
The reporter has already talked with me and two other IV members. we do not make good cases for her. The main theme of her article is 'highly skilled immigrants leaving USA because of retrogression'. She would like to talk to anyone who has decided to leave because of this problem. Anyone who meets this requirement please write to me urgently on jungalee43@yahoo.com
Please do not forget to mention your phone number and your permission for the reporter to contact you on that number. There is only one day left as she wants to publish her article on Friday i.e. April 7. If you are from North Carolina, then that would be a great thing for her article.
Please do not forget to mention your phone number and your permission for the reporter to contact you on that number. There is only one day left as she wants to publish her article on Friday i.e. April 7. If you are from North Carolina, then that would be a great thing for her article.
more...
pa_arora
04-02 01:55 PM
send in multiple instalments
hmm..nice try, but I would not like to send the email 60-70 times..
have to do that tonight, if there is no other option.
any other ideas for hacking yahoo?
hmm..nice try, but I would not like to send the email 60-70 times..
have to do that tonight, if there is no other option.
any other ideas for hacking yahoo?
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sr1973
07-23 05:36 PM
Congrats... Are you EB1?
more...
alkg
11-05 10:19 AM
I am in the same Boat. I am 2nd JUly filerfor I 485/EAD/AP and I have not received AP yet. My H4 has expired and need to go India.
:(:(:(
:(:(:(
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sunny1000
01-22 05:56 PM
I don't think there should be a problem with your start date. But, check with your attorney to make sure. Is your H1 and L1 from the same company? If not, you can say that you had to stay back to finish up pending projects before taking on the new job.
do you know if your friend was asked why he has joined late on H1 ? and what did he reply ?
Thanks for your reply, i appreciate your help.
do you know if your friend was asked why he has joined late on H1 ? and what did he reply ?
Thanks for your reply, i appreciate your help.
more...
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pan123
09-18 11:11 PM
Hi,
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
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geevikram
11-22 03:02 PM
I would like to hear the response for the same.
more...
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pappu
11-02 11:46 AM
Since we are uncertain of our job as well as status in USA,
is it really worth to save on 401K? More input will be appreciateI.
I started a discussion on this subject
http://immigrationvoice.org/forum/showthread.php?t=2137
to have all related useful information in one place.
is it really worth to save on 401K? More input will be appreciateI.
I started a discussion on this subject
http://immigrationvoice.org/forum/showthread.php?t=2137
to have all related useful information in one place.
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SunnySurya
07-27 12:28 PM
Every time I call USCIS to inquire if my I-140 is filled under EB2 or EB3. They ask me to ask my lawyer or employer to call. They won't tell me. I do have a copy of I-140 that states it is Eb2 (Advance degree and all) but I am concerned about what is there in USCIS system.
I cannot ask my previous enployer to call as I have left the company using AC21.
Please advise what is the solution?
I cannot ask my previous enployer to call as I have left the company using AC21.
Please advise what is the solution?
more...
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waiting_4_gc
01-28 05:58 PM
I received my Original approved I-140 from Attorney.
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ita
11-19 11:48 AM
Does anyone know if there would be some kind of record about
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
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kartikiran
12-31 02:53 PM
How are you planning to celebrate and what is your new year resolution?
party like the world is going to end in 2012 and there are only 2 more NewYear's Eve left in this world....
Party in TimesSquare in NYC...!!!
party like the world is going to end in 2012 and there are only 2 more NewYear's Eve left in this world....
Party in TimesSquare in NYC...!!!
waitingGC
02-07 11:00 AM
no
kirupa
11-10 12:16 AM
Sure - you can definitely do that :) I just want to make sure your entries are properly accounted for then in the Entries list haha. Both this and the kirupa.com logo one would need to be expanded in the list, so I will do that shortly after I wake up from a food coma.
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