Blog Feeds
07-23 11:40 AM
U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
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gc2
10-04 03:11 PM
$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930
I would assume that EAD and AP have to be paid for separately.
I would assume that EAD and AP have to be paid for separately.
supu
04-21 12:43 AM
Can anyone please recommend a lawyer in Delhi for filling and helping in the I-824 or councillor processing for my Wife.
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
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pappu
11-09 06:44 PM
Hi,
I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?
Thanks
Could you check and see if your subscription has expired.
I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?
Thanks
Could you check and see if your subscription has expired.
more...
wheyprotein
05-25 10:06 AM
Hi.
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
Alabaman
02-11 11:26 AM
this is what i think... i am no expert.
wait until you get ur SSN before you file.
you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.
Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?
wait until you get ur SSN before you file.
you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.
Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?
more...
ameryki
05-28 03:32 PM
will the lawyer get the renewed ead cards or since you applied for renewal you will receive the cards?
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gcwait2007
03-27 12:50 AM
What is your LC Priority date? Many of my friends had used LC Sub with PD earlier to Dec 2004 and all their applications were approved in TSC. The yardstick for transfer of LC sub cases from TSC to NSC is mystery and we have to find a way to solve it.
more...
GCHope2011
02-27 04:20 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
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chanduv23
06-26 09:49 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
Is it at Texas or Nebraska?
Is it at Texas or Nebraska?
more...
jelo
02-10 12:05 AM
My labor got approved in Jun 2006, I 140 approved in Oct 2007 and I am a July 2007 filer. My employer got a NOIR on I 140 saying this:
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
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martinvisalaw
06-15 05:07 PM
I hope this helps
more...
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
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dohko
06-09 08:43 PM
Hi
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
more...
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bskrishna
02-28 02:13 PM
Can some one in L1B apply for EB1? I thought only L1 A were eligible to apply in EB1....
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JazzByTheBay
08-01 08:48 PM
You can call USCIS if you don't hear from them within 90 days of filing EAD. Many of you probably know this already, but I thought that was interesting... and may benefit those who didn't know this already.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
more...
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roseball
09-16 02:21 AM
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
The OP cannot port his EB-3 PD in this case as his EB-3 I-140 was not filed/approved. One can only port an older PD if they have an approved I-140 with old PD. Just an approved LC with old PD won't help.
The OP cannot port his EB-3 PD in this case as his EB-3 I-140 was not filed/approved. One can only port an older PD if they have an approved I-140 with old PD. Just an approved LC with old PD won't help.
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eucalyptus.mp
02-18 08:11 PM
I want to transfer my H1 , I got aproject . But I dont have Jan Paystub . I have upto Dec 2008. will it cause any problem for transfer
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wisley
10-24 01:03 PM
:D
As per Section 201 of the Immigration and Nationality Act, out of 114,200 visas for 2nd Preference, 89,000 reserved visa numbers has been allocated to F2A and the rest something around 26,600 visas has been reserved to allocate to F2B. But now, in previous year F2A jumps over 4 years� gap and only then they could achieved their quota and who knows there could be a probability of wastage or unused numbers as well. Anyways it will be an advantage for F2B�s because in 2011 they have 89,000 stock again to complete the required given numbers and any body in a world can guess right now after seeing the result of 2010 that it will become current soon. All I wanna say that there could be a tremendous amount of unused visas will gonna distributed among the preceding categories in which they will distribute those unused numbers to preceding categories. Where the maximum will be allocated to F2Bs and rest two: F3 and F4 could also enjoy this unused numbers in a discrete sequence. This process is known as �Spillover�, I have mentioned below the link of USCIS Blog site(Beacon)u guys can go and check it out.
http://blog.uscis.go...sa-numbers.html
the bottom line ........... i think in the next couple of months will see much moving in the visa bulletin not happen ever
As per Section 201 of the Immigration and Nationality Act, out of 114,200 visas for 2nd Preference, 89,000 reserved visa numbers has been allocated to F2A and the rest something around 26,600 visas has been reserved to allocate to F2B. But now, in previous year F2A jumps over 4 years� gap and only then they could achieved their quota and who knows there could be a probability of wastage or unused numbers as well. Anyways it will be an advantage for F2B�s because in 2011 they have 89,000 stock again to complete the required given numbers and any body in a world can guess right now after seeing the result of 2010 that it will become current soon. All I wanna say that there could be a tremendous amount of unused visas will gonna distributed among the preceding categories in which they will distribute those unused numbers to preceding categories. Where the maximum will be allocated to F2Bs and rest two: F3 and F4 could also enjoy this unused numbers in a discrete sequence. This process is known as �Spillover�, I have mentioned below the link of USCIS Blog site(Beacon)u guys can go and check it out.
http://blog.uscis.go...sa-numbers.html
the bottom line ........... i think in the next couple of months will see much moving in the visa bulletin not happen ever
my2239
04-18 09:19 AM
Hi ,
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
wandmaker
08-18 08:58 AM
Hello Gurus,
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.
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