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  • Blog Feeds
    10-13 09:00 AM
    The U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification, issued a Frequently Asked Questions on Permanent Labor Certifications, titled Round 12.

    In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.

    The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.

    Therefore, an authorized employee�s name and contact information must be listed in Section D of the employer�s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer�s name listed in Section C of the ETA Form 9089 or provide a generic title such as �HR Manager.�

    Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person�s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.





    More... (http://www.visalawyerblog.com/2010/10/perm_labor_certification_who_m.html)




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  • sameer2730
    06-22 08:01 AM
    Troll Alert. Look at his user id.




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  • jediknight
    08-06 06:59 PM
    Here are my case details
    EB3 - 485 filed in Sept 2007 for me and spouse

    My spouse now has a approved I140 in EB2.

    Can we "interfile" and use my I485 app and interchange the dependents. I understand that we will have to use the 2010 priority date.

    Or should we file new I485s that make the spouse primary and me dependent.

    If "interfiling" is possible, how long does it generally take?

    Thx,
    JK




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  • gurupav
    06-26 10:08 AM
    Hello ashy15,

    I'm in the same situation as you...Mine L1 individual visa will expire by this Sept 2009 and am applying for fresh L1 blanket from my company. Did you get your new L1 blanket visa without any problems? Please reply as it would be of great help to me.

    Thanks
    Guru

    --------------------------------------------------------------------------------

    I am currently in the US on L1 Individual visa - my current visa is expiring on the 28st of Feb. My employer filed for a fresh L1 Blanket Visa instead of doing an extension because I had RFE's on i94 extn. My visa interview is on the 23rd of Feb in Canada.

    Am I going to have any problems because I did not extend my visa and applied for a fresh one instead?

    Any delay due to PIMS? Do I need to check whether my petition number is in PIMS system?

    Any information provided is greatly appreciated.

    Thanks....Ashy



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  • mhtanim
    11-27 07:28 PM
    Suppose I am employed in H-1b with employer �X� for position �A�. Employer �X� filed my Labor Certification and I-140 for a future position �B� and got both approved. Position �A� and position �B� have at least 50% different job duties.

    I file my I-485 and it is pending for more than 180 days. I get a better offer from employer �Y�. Now, I want to transfer my H1-B to employer �Y� using AC21 portability rule. My job description with employer �Y� should be similar to position �A� or position �B�?




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  • h1b_forever
    03-03 12:04 PM
    Pappu,
    Is it possible to provide some kind of link to this forum from homepage

    We have created a new area on the forum to help IV members.
    Jobs and networking - Immigration Voice (http://immigrationvoice.org/forum/forum114-jobs-and-networking/)

    It may not be visible on the homepage thread. This would be a separate area where members can share information.



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  • forgerator
    09-09 05:51 PM
    Had my appointment on Sept 8 at 10am, wife was also with me for her H4 stamp. Went for fingerprinting, then went to 20th floor for interview.

    This was the interesting part! The Visa officer asked where I worked, then asked me where I was from. I said Lahore, he then started asking me about situation there with respect to the floods, and whether our families were affected etc. He then said, everything looks good and told us to come back on the 10th (2 days later) to collect passports. He did not check a single document (job letter, paystubs etc.). Just asked me about Lahore and sent us on our way.

    Considering I am Pakistani, I thought this should give hope to other Pakistanis applying. Btw my first name is not so rare, but last name very rare. Also work for a Fortune 100 firm.




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  • lecter
    May 24th, 2004, 03:32 AM
    the settings will be in the EXIF

    an interesting shot........ needs something more to give it some Zing..... a tree perhaps?? (hard from thT ANGLE i AM SURE..

    rOB



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  • girishvar
    08-08 11:18 PM
    1. There is no need that you should stay with your father.

    2. For Canada trip go through Canada Web site based on your nationality. you might need an visa depending on your nationality.




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  • ratikanta
    08-06 01:33 PM
    Company "A" had filed my H1B transfer after I accept their offer. I signed the offer letter
    In offer letter no where it is mentioned that if I leave company , i have to pay H1B transfer expenses.
    Also It is clearly written without any reason , time either way can terminate job. This is below from offer letter..

    "I have read and accept this employment offer. I understand my services under this agreement will begin with the successful transfer of my H1B. I understand my employment is terminable at will, i.e., and either company or I may terminate the employment relationship at any time, with or without cause."

    Now , I have a better offer ,I am not joining that company .
    They are asking me for H1B transfer expenses.

    Company is asking "You signed and agreed to become an employee, however you never even started working here to begin an employee/employer relationship also you keep delying your joing time..It is clear that the delays were a stall tactic and completely dishonest, which any court will agree with."

    If I am not paying it, they are going to take legal action ..

    Please let me know your thought or any lawyer can help me in case company files legal action and what will be charges

    Thanks a lot ..

    With Regds
    Ratikanta



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  • coolpal
    04-17 03:58 PM
    A lot of people don't submit a formal AC21 letter when they change jobs, but if you want to do so, then it is better that you don't assume that they are going to look at your h1b app and figure you used AC21.... in most cases, uscis doesn't even look at AC21 before sending an RFE or NOID when I140 is revoked. Take what you can out of this...

    pal :)




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  • jjlittlegiant
    01-03 10:17 AM
    Hi people, I am currently applying change of status from H1 to F1. Since my PERM got audit, and my h1 visa is going to expire in the end of January 2009, I need to change my status to F1 student visa in order to stay in the U.S legally. Now, I am trying to fill out the form I-539 by myself, and I got confused on:
    part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
    I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
    Can anyone help me to answer that? thanks a lot!!!



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  • Humhongekamyab
    02-19 03:57 PM
    Dear All,

    It seems my company had audit and my employer was asked to submit client letters for all employees.

    Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?

    Please let me know.

    Please be more specific. What kind or audit - DOL, IRS, US CIS?




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  • sss9i
    02-11 11:58 PM
    Hi,
    Hope doing good.
    We are also moving to wisconsin state soon.
    We can discuss about retrogression and green card process.
    Sreenivas



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  • chanduv23
    07-01 09:32 AM
    Hi All,
    I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.

    My question is,

    Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?

    I would like to what others have done? What kind of extra fees your attorney has charged for AC21?

    Thanks

    There is nothing called AC21 filing ie AC21 does not have a form that you fill out etc.... generally Attorneys attach the docs with a covering letter citing the AC21 clause and from what I understand, these docs may/may not get into your file.

    The advantage of using an Attorney is,
    (1) G28 filing - Attorney will get communication and be in position to respond or guide appropriately
    (2) NOID, RFE and denials might happen and MTR may have to be filed.

    Most times, issues arise when old employer withdraws the 140 petition.

    USCIS needs to have a better way of handling this and avoid unnecessary tensions and errors




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  • funny
    08-14 12:01 AM
    No one Interfiled so far??

    I don't know if its a failure or success so far, as my Name check is not cleared and USCIS is not touching the file.



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  • myk110
    02-09 03:43 PM
    LCA pending.. I94 expires tomorrow.. Should we file with pending LCA or wait for LCA to certify (which would mean filing a week after I94 has expired).. ???

    Please advice.. this is REALLY urgent!

    Thanks in advance.




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  • guyfromsg
    08-21 09:18 PM
    You could travel out and enter into US using your old visa stamp assuming that you enter before your old visa stamp expires. However show the new approved I-797 H1B petition at port of entry and they MOSTLY will give you a new I-94 valid till the expiration of new I-797 approval.

    That's wonderful news and thank you for that. Is there a benefit of getting a 1-94 upto the extended date, does 1-94 determine the visa validity not the actual visa stamp? Since I-94 is taken when exiting US the next entry requires visa stamp anyway?

    Thanks again.




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  • number30
    05-24 11:08 PM
    my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.

    sounak

    NO. I-864 is for family based cases only. Some people include I-134 But not required




    nashorn
    08-09 03:07 PM
    It will make it easy to read.
    have a poll....very difficile to read each messagio




    stonecold54us
    08-24 11:17 AM
    Looks like your application which was sent on Jul -2nd now carries a received date of July 30 (as they got to the app around that day). Please provide some more details about your case

    PD =
    I=140 approval Service Center =
    I-485 app mailed to Service center =
    Cheques Cashed Date =

    Thanks



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