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01-20 07:00 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
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shsharma_2000
02-08 12:39 PM
I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
pramodirt
07-02 11:08 AM
Thank you very much
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buehler
12-13 06:06 PM
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
more...
mrdhoni
08-29 10:47 AM
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
Thanks for the reply. If my labor/i-140 is approved by December 2010, can I continue to stay in US?
Thanks for the reply. If my labor/i-140 is approved by December 2010, can I continue to stay in US?
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!!
more...
TheCanadian
11-13 04:26 AM
Looks good to me :thumb:.
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sunny1000
07-04 06:07 AM
Hello,
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
Hi,
Please check out this forum below as most of the members here are employment based applicants.
Lottery Visas - DV - ImmigrationPortal Forums (http://forums.immigration.com/forumdisplay.php?f=38)
Good luck.
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
Hi,
Please check out this forum below as most of the members here are employment based applicants.
Lottery Visas - DV - ImmigrationPortal Forums (http://forums.immigration.com/forumdisplay.php?f=38)
Good luck.
more...
skagitswimmer
June 14th, 2010, 05:25 PM
As long as the water is all of the same temp and salinity there isn't any distortion because of water movement. Distortion does occur when you get mixing of water that has different density. Scuba diving you see that where you pass through layers of water on the way down. The layers can be either different temerature or different salinity. When you get that it looks like heat waves on a hot highway in the distance.
I have used the pentax optio under water a bit. It works well as a point and shoot but not much more than that. I wouldn't take it more than a few feet down. I don't think it is rated for very deep.
Good luck.
Stephen
I have used the pentax optio under water a bit. It works well as a point and shoot but not much more than that. I wouldn't take it more than a few feet down. I don't think it is rated for very deep.
Good luck.
Stephen
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
more...
maddipati1
09-06 01:55 AM
good ide ras. change the title to start with 'Request to IV Core:' and add D.C. next to Washington.
These Telugu Assn guys can really mobilize lots of people from DC, Virginia area.
Pl. Send PMs to IV core members: WaldenPond, Pappu, Logiclife, Paskal etc..
These Telugu Assn guys can really mobilize lots of people from DC, Virginia area.
Pl. Send PMs to IV core members: WaldenPond, Pappu, Logiclife, Paskal etc..
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ajp5
08-05 04:50 PM
There is just one thing you can do......pray........however gods immigration dept is as slow as USCIS............IV community will attest to that:)
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
more...
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jaya_chh
09-19 11:35 AM
Hello All,
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
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exploitedone2008
03-13 09:59 PM
what is Freedom of Information Act and how can it help him
more...
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dalishi
09-02 03:34 PM
Hello:
I was on H1B and was laid off last Thursday:(
Now I am in the process of changing my status to H4 (my husband is on h1B), I heard the process takes 3-6 months. My questions hopefully someone here knows?
1. Will I be able to travel overseas back home during this 3-6 months of waiting period?
2. Can I apply for COS here in the U.S. and then go back soon afterwards and reapply H4 from the U.S. Consulate overseas when the COS to H4 is still pending here in the U.S?
3. We don't plan to stay in our current address for more than 3 months now, can I use my friend's address on the form I-539 so when the COS is approved the notice can be mailed to my friend's home? Would it cause issues when INS notice that my address on Form I-539 is different from my previous on file?
Thank you for your help!
I was on H1B and was laid off last Thursday:(
Now I am in the process of changing my status to H4 (my husband is on h1B), I heard the process takes 3-6 months. My questions hopefully someone here knows?
1. Will I be able to travel overseas back home during this 3-6 months of waiting period?
2. Can I apply for COS here in the U.S. and then go back soon afterwards and reapply H4 from the U.S. Consulate overseas when the COS to H4 is still pending here in the U.S?
3. We don't plan to stay in our current address for more than 3 months now, can I use my friend's address on the form I-539 so when the COS is approved the notice can be mailed to my friend's home? Would it cause issues when INS notice that my address on Form I-539 is different from my previous on file?
Thank you for your help!
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gc_chahiye
09-19 11:16 PM
Are both of these I-140s on the same labor cert?
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
more...
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amitpan007
06-22 12:12 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
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guyfromsg
09-21 07:39 PM
Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.
http://groups.google.com/group/goivgaiv
Thanks to everyone who attended the rally. Please join the google group for Georgia. We can plan local activities, meetings etc and grow this chapter. There are so many legal immigrants living in GA but our strength was not reflected in the rally.
http://groups.google.com/group/goivgaiv
Thanks to everyone who attended the rally. Please join the google group for Georgia. We can plan local activities, meetings etc and grow this chapter. There are so many legal immigrants living in GA but our strength was not reflected in the rally.
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engineer
11-04 10:36 PM
sent mails to 100+ WI members for meeting.
nortam1
07-17 10:48 PM
Alright all,
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
validIV
03-24 10:49 AM
In summary, the immigration system remains broken. Pls fix k thx.
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