sandiboy
08-14 03:50 PM
Mine/Spouse:
485 RD: Jul 2 '07
485 ND: Aug 7' 07
Waiting for FP Notice
485 RD: Jul 2 '07
485 ND: Aug 7' 07
Waiting for FP Notice
krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
zinc
07-17 06:57 PM
Great job Guys...way to go. We can accomplish a lot if we work together.
All the best to all!!!
Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.
Order Details - Jul 17, 2007 16:21 GMT-07:00
Google Order #9502434335xxxxx
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100
All the best to all!!!
Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.
Order Details - Jul 17, 2007 16:21 GMT-07:00
Google Order #9502434335xxxxx
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100
pmat
07-21 10:32 PM
I don't have an answer for your question. But why did you apply for 2 H1B visas at the first place? Because of this somebody who may have been a genuine candidate couldn't have gotten visa in the lottery.
I hope that other members will answer your questions.
I hope that other members will answer your questions.
more...
madsat1234
06-01 01:04 PM
Received Appointment Letter today..
Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation
I am the primary Applicant, PD Jul 2003, EB3
There are no visa numbers available for this category. Why Interview call..
Even if they selected my application randomly there are no visa numbers available..
Please help..
Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation
I am the primary Applicant, PD Jul 2003, EB3
There are no visa numbers available for this category. Why Interview call..
Even if they selected my application randomly there are no visa numbers available..
Please help..
cdeneo
06-01 08:49 PM
With the news of onset of RFE's - does the attorney only get the RFE or do both the attorney and the applicant get a copy of the RFE.
I am sure many would have this question - my attorney on the submitted G-28 form was one tied to my previous company. I have switched jobs since then but have not submitted AC-21 notification (though I qualify for the same). I have not submitted a new G-28 form to change attorney representation since I do not have an attorney at this time.
I just want to make sure that incase an RFE is issued - I get a copy even though my old attorney is on file. Any input/advise will be much appreciated on how to make sure of the same.
I am sure many would have this question - my attorney on the submitted G-28 form was one tied to my previous company. I have switched jobs since then but have not submitted AC-21 notification (though I qualify for the same). I have not submitted a new G-28 form to change attorney representation since I do not have an attorney at this time.
I just want to make sure that incase an RFE is issued - I get a copy even though my old attorney is on file. Any input/advise will be much appreciated on how to make sure of the same.
more...
jsb
12-11 04:10 PM
$ 320 filing fees + $ 1500 employer fees = $ 1820 ...
Thanks. These are the fees for a new H1B. Is procedure/fees same for transfer of H1B from one employer to another? How long does it take? I know USCIS posts processing times, but a first-hand information on employer transfer will be helpful.
Thanks. These are the fees for a new H1B. Is procedure/fees same for transfer of H1B from one employer to another? How long does it take? I know USCIS posts processing times, but a first-hand information on employer transfer will be helpful.
saketkapur
07-06 05:48 PM
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
more...
reddymjm
04-17 03:48 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
a_yaja
10-08 04:20 PM
I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.
Right now who is my employer Company A or B or none of the above?.
Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.
Right now who is my employer Company A or B or none of the above?.
Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.
more...
DyersEve
10-21 01:36 AM
Well guess what.......I changed it to almost exactly what you are describing the second after i made that last post, I think it looks much better than when i first started out.......thanks a lot everyone. :)
http://teamnerd.tripod.com/random/images4.txt
http://teamnerd.tripod.com/random/images4.txt
vasired
08-15 03:21 PM
Notice were from Nebraska.Recieved on 8/13 for me and 8/14 for my wife,even though both were posted on same date..good they gave up appointment at same date & same time
more...
vxg
04-23 09:54 AM
If you subscribe on USCIS website you will get email indicating and saying like:
The following is the latest information on your case status
Receipt Number:XXXXXX (i maksed it to hide my info)
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.
National Customer Service Center (800) 375-5283.
*The projected processing time frame can be found on the receipt notice that you received from the USCIS.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
The following is the latest information on your case status
Receipt Number:XXXXXX (i maksed it to hide my info)
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.
National Customer Service Center (800) 375-5283.
*The projected processing time frame can be found on the receipt notice that you received from the USCIS.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
GooblyWoobly
08-08 04:49 PM
Yeah!! It was posted on USCIS site also!!
See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!
Sorry if it offends anyone. Moderators, please close this thread if you see deemed. If the Moderators are fine with this thread, don't worry about commenting if this is duplicate!!
See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!
Sorry if it offends anyone. Moderators, please close this thread if you see deemed. If the Moderators are fine with this thread, don't worry about commenting if this is duplicate!!
more...
same_old_guy
08-01 10:37 PM
Are you generating the receipt numbers yourself ? :D
i guess they are already issuing receipt number for I485 received aug. 1, 2007. so where is mine????
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 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. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i guess they are already issuing receipt number for I485 received aug. 1, 2007. so where is mine????
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 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. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
morchu
05-04 04:52 PM
Try some reading regarding "Administrative Decisions" from USCIS website (link below).
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
If you can find a similar case, you know what to prove.
One question, was your I140 also got denied? Or is it just I485 alone got denied?
Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
If you can find a similar case, you know what to prove.
One question, was your I140 also got denied? Or is it just I485 alone got denied?
Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
more...
frostrated
07-06 12:41 PM
you can enter in AP, but you cannot work on H1B status. You need an EAD. You can work in H1B status if you enter in H1B.
NewToImmigrationVoice
04-08 02:21 PM
[B]
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
I guess EB3 applications are more than EB2.
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
I guess EB3 applications are more than EB2.
SonnyD
10-18 03:26 PM
Congratulations brother. One of the questions they ask is- are you a member of any association or any organization.If and when they ask, this would be a good time for you to inform the officer of any volunteer work you do. Or tell them how you contribute to the community. Also tell them if you donate to charities. Just a thought.
Please only answer the questions that are asked. Answer to the point and be precise. Brother Sanju has given good advise too. Let your wife answer the question, if the Officer was asking her. Please do not try to answer for her.
Good luck and God bless
SonnyD
Please only answer the questions that are asked. Answer to the point and be precise. Brother Sanju has given good advise too. Let your wife answer the question, if the Officer was asking her. Please do not try to answer for her.
Good luck and God bless
SonnyD
pappu
07-30 11:38 AM
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
eb3_nepa
07-23 12:08 PM
ya , in ur words agents
raju_abc. With all due respect to new members.
For one, where you should work is up to you and this forum is NOT the place for questions like, what location is the best to work at.
Secondly, do you realize that you have wasted a perfectly good H1B visa that someone else could have obtained?
raju_abc. With all due respect to new members.
For one, where you should work is up to you and this forum is NOT the place for questions like, what location is the best to work at.
Secondly, do you realize that you have wasted a perfectly good H1B visa that someone else could have obtained?
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