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  • Raju
    05-19 10:59 AM
    Should the job title for PERM labor filing be in Job Zone 5 to qualify under EB2 category? Or could one apply in Job Zone 4 and still qualify for a EB2? Also, does having an MBA, exempt a person from EB quota under any of the proposed bills like STEM, SKIL, PACE, TALENT or should it have to be an MS in Engineering.
    A quick response would be greatly appreciated.

    Not sure about the first question. SKIL bill will exempt any advanced degree from US or Advanced degree in STEM from outside + 3 Years. PACE, TALENT and the current CIR only exempt STEM Advanced degree + 3 Yrs




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  • lisunysb
    08-04 03:38 PM
    Hi,

    I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.

    The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.

    My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.

    Thanks for your help.

    Shan




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  • Blog Feeds
    07-27 03:40 PM
    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)




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  • ss1026
    06-24 10:23 AM
    Hi

    I am consultant and travel around. My company, a publicly listed company, is headquartered in Washington DC. For the I-485 filing, I got my medical done in my current project location in Florida and used my address in florida in the I-693 form.

    My lawyer is advicing that I should be using the same address in my I-485 form. I have a 'permanent' adress in the DC area and I was thinking I could use that since I will be leaving florida within a year but I will follow my attorney's address and use the florida address.

    Now to my question....

    Would there be a problem later on if I update my address to my DC address after I recieve my Fingerprinting/EAD/AP. Any related comments will be appreciated



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  • h1techSlave
    04-14 08:39 AM
    Report: Mahindra to set U.S. Pik-Up launch date in next few weeks — Autoblog (http://www.autoblog.com/2010/03/05/report-mahindra-to-set-u-s-pik-up-launch-date-in-next-few-week/)




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  • slowwin
    05-20 04:58 PM
    ^^^^^^



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  • googly2007
    03-27 03:21 PM
    Hi,

    At present I am on H4 but my H4 expired in December2006. But I have I-94 valid till 2009. My husband also got extension till April2009. Now I want to apply for H1 in April2007. I want to know whether this will affect my H1 approval? Do I need to have stamped H4 which is valid till 2009 before filing fresh H1?
    I need this as soon as possible.

    Thank in advance.




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  • njboy
    10-02 08:07 AM
    L1 visa is granted to people who have worked in the home country for the sponsoring company before coming to US. So, if you have worked in XYZ bangalore, you can get an L1 from XYZ to come to US. However, you are obviously working in the US for your present employer, so how could you have worked for the other company in the home country (Example - India)??



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  • god_bless_you
    04-06 08:36 AM
    the search doesn't yeild any results from immigrationvoice.
    Thx.. Good Catch I updated sites with immigrationvoice.org.. previously I added it as immigrationvoice.com
    I updated immigrationvoice.org as top site to search first.
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  • prav27
    05-27 11:45 AM
    My spouse was on H4 and then got EAD (based on dependent 485 status).Now my spouse employer is willing to apply for H1 b, I just want to see if it is possible to apply for H1b when the current status is AOS



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  • desi chala usa
    01-14 03:23 PM
    GC has nothing to do with H1b only issue is they will verify whether you were in status all the time.

    Bump




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  • thakkarbhav
    01-18 03:49 PM
    No issues. There should not be wide difference between your current salary and PERM application wage Information.



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  • EAD
    02-28 02:49 PM
    Hi Guys,

    I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.

    Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.

    Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�

    Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�

    Thanks,




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  • truthinspector
    07-19 03:54 PM
    The news from CIS brings joy for a lot of the IV members.

    Order Details - Jul 18, 2007 11:02 AM EDT
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    Amount : 100$



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  • uimv
    02-17 01:40 PM
    Thanks. AOS.

    I spoke to a laywer who said "Generally several months. Minimum 2 months".




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  • gman
    04-17 09:23 PM
    Hello everybody,

    Since my last post I have done a lot of research on this site and i think i have found the answer to most things. I am curious to find out if anyone has been in the same situation and have a couple of questions left.

    1. Since now I am married but when my I-485 was filed I was single, do I need to ammend the I-485?
    2. Do I need to let the attorney know that we are self filing for my wife?

    Thanks in advance!



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  • Dhundhun
    05-03 12:24 AM
    Thanks Dhundhun.
    To be clear When you say "packets" should i put them within two envelopes?
    I was planning on just putting the documents(application and supporting docs) bound by paper clips.
    sorry if its a dumb question but this being my first time filing this wanted to be extra sure.

    Yes. One envelop for AP and the other one for EAD. Put both envelops in Fedex envelop.




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  • Raj Iyer
    09-22 05:03 PM
    IF at the time of applying for the H-1B, you were on a valid H4 status and H4's validity was beyond October 1, 2010 then you should have have been granted an H-1B change of status with a valid I-94. In case your H4 was not valid or you requested a consular notification, then you need to go to your home country and get visa stamp from the consulate and come back to the U.S.




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  • mundakamal
    06-13 07:48 PM
    Hi All,

    My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?

    Gurus please advise...

    Thanks!




    rajkumar_engg
    05-26 09:25 AM
    I had applied for my H1B extn and got an RFE. Lawyers replied to it and its almost 7 weeks now, haven't got any reply.

    Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?




    Blog Feeds
    06-17 08:40 PM
    In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.

    The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
    interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.

    Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.




    More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)



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