gc28262
10-07 01:19 PM
H-1B Certification (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
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FinalGC
06-15 12:53 PM
Experts:
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
ursosweet
07-17 08:21 PM
again with Company B and file a new 140 and then use the PD of previous labor to file the 485 etc etc.
hope this helps
hope this helps
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amslonewolf
05-06 03:59 PM
Check the I-140 tracker at ..
while you are there post your details to the priority retrogression tracker
while you are there post your details to the priority retrogression tracker
more...
bkshres
04-07 04:07 PM
Even I am in similar situation. My EB3 ROW has PD of March 2006 (RD July 2007). I am not sure when my EB3 case will get approved. I have masters degree and 6 years of work experience. I can change job and get EB2 started. But will it help? Because going to new job and going through labor might take a year or more.
Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?
Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?
sunnymit
02-19 02:22 PM
My wife came to US in 2008 on H4 visa. Last year (2009) she got her H1-B visa approved. She applied for a SSN on Oct 1st, 2009 but is still waiting on it! When we enquired from the SS office about the delay they said that her first and last names in INS database are mispelled which is why it doesn't match their system, hence the delay. Even though I showed them the H1-B approval notice with the correct name on it they keep insisting that the INS system that they are verifying against shows the mispelled name. I took an Infopass and went to the INS office and got the confirmation that there is no such problem with their system. Both SS office and INS are not giving me anything in writing that I can take to the other party in order to get the issue resolved. It has been almost 5 months and we are still waiting for her SSN.
Has anyone else faced this issue?
What should we do to get this fixed? What are our options here?
Has anyone else faced this issue?
What should we do to get this fixed? What are our options here?
more...
glus
10-25 07:34 AM
The law does not allow for this. One can only transfer employment-based pd to employment based priority date. One can't transfer family based PD to employment based PD and vice versa.
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lj_rr
07-17 09:26 PM
So how abt I-765 and I-131 forms which will be submitted with 485.
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
more...
LOL123
07-29 03:35 PM
When can we send this fax to expedite the service? Is there any days restriction? like only 60 days after you have applied for EAD? Is there any fee involved?
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MONCYS
03-28 07:03 PM
updated my profile.
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jase21
01-12 04:06 AM
Ok. Thanks.
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moonrah
10-16 09:51 AM
I received A#. You can contact your lawyer and ask them. I haven't filed yet.
more...
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GCPagla
03-04 10:09 AM
Hi,
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
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B3NKobe
11-15 08:26 AM
Love em :love::thumb:
more...
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stemcell
06-24 10:52 AM
There is actually a thread already on this program.
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levelup2
11-21 10:04 AM
Thanks for all your post
more...
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useriim
07-04 09:40 AM
Hello,
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
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bkshres
04-07 04:07 PM
Even I am in similar situation. My EB3 ROW has PD of March 2006 (RD July 2007). I am not sure when my EB3 case will get approved. I have masters degree and 6 years of work experience. I can change job and get EB2 started. But will it help? Because going to new job and going through labor might take a year or more.
Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?
Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?
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raysaikat
11-13 02:34 PM
Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
eb3_nepa
06-14 02:24 PM
I guess we can use this thread to collect experiences from individuals who have already applied.
webm
05-13 10:54 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??
__________________
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??
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