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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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  • maine_gc
    12-16 08:24 AM
    KY residents please post here and join your state chapter





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  • shana04
    03-08 12:13 AM
    Guys,

    After a long time I am logging into IV board. It was difficult period. Moved from TX to VA During January start. It took long to get me a good "matching" job and had to move on EAD. Sent the "proof of employment letter" to lawyer for AC21 notification.

    - BharatPremi

    Please see your PM





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  • snvlgopal
    02-05 02:49 PM
    I am on H1 (Has EAD but never used it), my wife is on H4 and also she has H4 stamping till Feb 2010, She got EAD and and also got SSN. But she never worked on EAD. Now she want to travel to India
    Can she travel on H4 stamping or she need to get AP
    Please Help
    thanks



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  • sh2005
    08-03 06:54 PM
    They are not always up to date on their processing times.

    Evidently.... I guess I can't rely on it too much for predicting approval of the other applications. I heard of a similar situation too, the receipt date is very close to mine and it got approved today.





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  • kirupa
    11-05 10:58 PM
    Hi bouncer!
    You need a clientaccesspolicy.xml file that allows you to make accesses across domains: http://scorbs.com/2008/04/15/silverlight-http-networking-stack-part-2-cross-domain-communication-overview

    Cheers!
    Kirupa :P



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  • ndbhatt
    11-15 11:03 AM
    I got this email today for Drew Seman. Helping pro-immigrant initiative would definitely help us. Please support by signing the petition.

    ====
    Dear Friends,

    This week, Tom Tancredo's Presidential Campaign released a new anti-immigration campaign ad, linking "Islamic terrorists" to immigration. The ad received national coverage, with Tancredo making appearances on CNN & Fox News. Here's what the press had to say:

    "You can't deny that this is the politics of fear" - Fox News

    "New Tancredo ad a sad case of fear-mongering" - Denver Post
    "Tancredo ad plays fear card" - USA Today
    Tancredo's Presidential Campaign plans to run the ad in Iowa. His demagoguery will not get him votes, but it will spread fear and misinformation that hurts the prospects of reform for all immigrants. That's why we need to make sure his ad doesn't make it to Iowa.

    Go to: http://www.immigrantslist.org/tancredo

    We're not going to stop the ad by attacking Tancredo, but we can ask local network affiliates in Iowa not to run it. Sign the petition now at http://www.immigrantslist.org/tancredo .

    After you sign the petition, forward this to your friends & family. We need to get 1,000 signatures on the petition now!

    Thank you for all that you're doing,

    Drew Seman
    Executive Director
    Immigrants' List
    ====





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  • sameer2730
    06-14 09:45 AM
    I have a question about multiple 485 filings.

    My PD was Eb3 May 2002 and I filed my 485 last week. My wife was added to the application as well.

    Now my wife's PD is current and her date is EB3 Jan 2006. Can we file her 485again and add me again as her dependent.

    Attorney says no but I am not sure if I can believe them. Besides there is a risk of not filing again for her seperately as in the future the dates may retrogress. I would prefer that both of us have independent applications in as well so we can both fall back on each others application if the need arises.

    Is any one else in my shoes and knows the answer



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  • kirupa
    04-22 04:55 PM
    I really like your last two entries! :beam:





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  • looivy
    08-14 12:00 AM
    You will not jeopardize your I-485 as long as job with company C is in same or similar occupation. Whether USCIS will grant an H-1 3 year extension based on a withdrawn/revoked I-140 is not certain. I outlined the reasons for this uncertainty in my response on the thread entitled "Facing Layoff---6 months left..."

    Thanks Ann for your reply.

    So in short, B to C H1 transfer/extension is usually not possible if I-140 is revoked.



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  • kirupa
    11-07 12:39 PM
    I certainly can write about this, and I may do so in the future. Were you able to get your question resolved? :)





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  • fasterthanlight�
    05-09 03:34 PM
    The leaf should be bigger, and in the center!



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  • swamy
    12-12 09:01 PM
    Swamy, you showed where you belong.

    GG_007

    sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.





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  • nda050325
    03-16 09:39 PM
    fromnaija and FinalGC
    Thank you very much for your replies.



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  • redgreen
    11-28 05:01 PM
    Is AC21 relevant at all for NIW applicants? It can not be as there are no employers filing for such people. However is there anything related to that for such applicants?
    Can't they change job or use EAD for whatever job they want to take?
    Should the new job be exactly the same type of job?
    If an NIW applicant loses job, will that be a problem?
    When USCIS is going to know/check on what job the applicant is currently working? Is this going to happen at the I-140 approval stage or I-485 stage or when somebody applies for Citizenship?

    Any NIW applicants around here in IV?





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  • maxy
    11-09 05:10 PM
    I am currently working for big consulting firm, they hold my H1 and 485 is pending for more than 6 months. i have valid EAD from pending 485.

    I am getting full time opportunity, my new employer is ready to transfer H1 as well as they are willing to accept me using EAD. so its entirely my preference.

    can you please tell me adv/dis adv of using H1 over EAD or vice versa. (my 6 yrs of H1 will finish in another 6-7 months)

    Thanks



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  • indyanguy
    10-14 09:51 AM
    Mine is 11-3021.00 job zone 4 applied in Jan 2009. Anxiously waiting. :-)

    What is the reason behind you saying 'case may be audited' for the OP. Just curious to check your side of thoughts.

    Per lawyer, almost all EB2 cases are being audited (due to the harsh economic climate). DOL believes that if a job falls under Job Zone 5, then it requires enough preparation to justify a EB2 filing. If it falls under Job Zone 4, it's not "normal" and DOL would usually require a Business necessity letter.





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  • wizard
    04-27 09:47 PM
    I like the third one best, good job. ;)





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  • rajiv404
    12-09 06:11 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!





    kaizar
    05-06 07:56 AM
    Hi, I have question about my case.

    My family was applied I-485 by my mom's working at the company, and all my family had EAD which is working permit and received SSN with that EAD.

    However, 2008 January our I-485 have got denied because of sponsor got closed.
    That was the before our EAD card gets expired. So I couldn't renew the EAD card.

    So My question is, is there any way to renew that EAD now?
    if I still want to work, what does I have to do?





    raysaikat
    10-09 03:34 AM
    Hello,

    First of all, I really appreciate your efforts to help people in their immigration issues.

    Currently, I am on H4 visa. Recently, I was offered employment and got my H1B approved.
    But, my new I797 approval notice does not contain I-94 part.

    Do we need to apply for Change of Status from H4 to H1B now while I remain in US? Do I need to do it or my employer needs to do it?

    I would really appreciate your help.

    Thanks,
    Dhans

    You need to go out of US, preferably to your home country, get an H1-B stamp on your passport, and reenter US using your H1-B visa stamp.



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