martinvisalaw
07-30 05:01 PM
Occupations on Job Zone 5 are listed here: Job Zone Five: Extensive Preparation Needed (http://online.onetcenter.org/find/zone?z=5&g=Go).
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
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nkavjs
09-12 01:43 PM
I have no news yet about my 2 July applications.
Annabel
05-13 05:47 PM
Can anyone tell me how serious this is?
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
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leoindiano
07-15 11:27 AM
I have nov 2004 PD. I have the same problem. USCIS received my app on aug 3rd. But notice date is oct 11. From , i see that these dates doesnt matter as long as your PD is current. So, i didnt bother to contact USCIS.
more...
austingc
05-03 04:18 PM
austingc,
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
rajeshraipv
08-22 04:07 PM
http://www.nvca.org/pdf/AmericanMade_release.pdf
http://www.nvca.org/pdf/AmericanMade_study.pdf
http://www.nvca.org/pdf/AmericanMade_study.pdf
more...
contact.vr
12-01 12:01 AM
I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
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dolicus
05-01 04:56 PM
My file is also transferred to NBC, Why do you think it is??
You have any information for me since yours was done in December while mine was done in April, 2009. What happened did you get any interview fromthe Local Office. Thx
You have any information for me since yours was done in December while mine was done in April, 2009. What happened did you get any interview fromthe Local Office. Thx
more...
mailtobalu
06-30 04:56 PM
Can I go for this change of status any time or do I need to wait for new H1B cap which will open in April every year?
hair Drugs and Sports (Drug Abuse
amengiv
01-14 10:16 AM
a2k2, Thanks a lot and best wishes!
more...
485user
11-19 10:14 AM
Hi,
I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.
Please reply back.
Thanks
your friend
I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.
Please reply back.
Thanks
your friend
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chanduv23
09-13 07:33 AM
Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
Excellent inspiration - everyone must now go to DC.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
Excellent inspiration - everyone must now go to DC.
more...
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Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
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zamoo
09-29 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
more...
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shobaseshadri
01-09 01:33 PM
My husband recently changed jobs and has not updated the transfer in his H1 visa yet. I need to travel to India. Can i travel with the existing H4 with his new I-797 and salary stubs? Or do we have to updated the visas before we can travel?
Thanks.
Thanks.
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h1techSlave
11-10 10:30 AM
It does not look good. Has been oral arguments for some time now.
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Thanks for the link.
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Thanks for the link.
more...
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krovvidiusa
09-03 09:36 AM
I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
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Ann Ruben
03-07 07:05 PM
If a lawyer is handling the case, the originals were probably sent to him or her.
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wandmaker
09-15 03:52 PM
hello,
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
pnjbindia
03-06 01:16 PM
Friends,
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
GoldenBoy
10-13 07:09 AM
so its possible to edit swfs from swift in to flash mx or something
if so thats how?what id like to now
thanks:)
if so thats how?what id like to now
thanks:)
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