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08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
gc_on_demand
09-19 11:24 AM
If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?
whereismy_gc
06-06 12:02 AM
Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
I think the whole point of increasing the H1-B quota and at the same time not easing the GC processing leads me to think that US high-tech companies are looking to employ Hi-Tech slaves just as they did when the U.S economy was largely dependent on farming industry, during the 19th century.
It's in their blood, and no one can get that out.
Get that point!!!
I think we need to get out on the streets!!!!
I think the whole point of increasing the H1-B quota and at the same time not easing the GC processing leads me to think that US high-tech companies are looking to employ Hi-Tech slaves just as they did when the U.S economy was largely dependent on farming industry, during the 19th century.
It's in their blood, and no one can get that out.
Get that point!!!
I think we need to get out on the streets!!!!
PD_Dec2002
06-12 07:18 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
more...
sheelalann
05-21 12:44 PM
this is the toughest issue ever discussed on this forum :)
amsgc
08-21 12:07 AM
Also wanted to mention that your I-20 will have information on when the OPT was applied (at least that's how it was in my case). I got a new I-20 when I applied for OPT (indicating that it was pending), and then another one when it was approved.
Another point - they generally approve the OPT and issue the EAD within three months. So now you have the month narrowed down to 3 (from the month of your approval).
Another point - they generally approve the OPT and issue the EAD within three months. So now you have the month narrowed down to 3 (from the month of your approval).
more...
morchu
05-03 07:38 PM
I am no expert in this. But my best guess is that, he immediately need to contact the "indian consulate" and file a report. I believe the report date is important in future, in case if you need to give some explanations. Explain the situation to USCIS also. But I believe USCIS may need a new passport to re-issue the I-94. For the next travel, he might need to goto US consulate in India, and apply for B2 again.
Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
shivarajan
04-30 01:57 AM
I just applied for my little one yesterday.
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
more...
husamymd
12-30 01:58 PM
Let me put my 2 cents worth. I am one of the members who would be able to contribute $500. Not sure if I can do it on a recurring basis. But you guys wanted to identify the initial group and here I am. Hope that helps
gjoe
10-10 04:18 PM
Marry me...i like funny people......
/thread
How did you know Kumar1 has an earlier PD than yours? :):p
/thread
How did you know Kumar1 has an earlier PD than yours? :):p
more...
forever
07-27 02:41 PM
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
muthukmk
08-03 06:01 PM
To pd_recapturing
My I140 was approved after I filed my 485. Can I still use interfiling?
My I140 was approved after I filed my 485. Can I still use interfiling?
more...
krishnam70
05-06 04:29 PM
Hi Morchu,
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
edgarrecto
10-09 01:18 PM
i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.
more...
nashim
08-11 11:28 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
ayaskant
02-01 09:42 AM
No I didn't file for EAD. I know I should have.
I am updating my profile now.
I am updating my profile now.
more...
newuser
05-30 12:35 PM
If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.
roseball
07-27 04:32 AM
She should be fine....Even if your wife's petition is not filed you have 180 days to submit the application after your I-485 is approved....There was a separate thread which discussed this in detail...You can seach for it....
madhusrini
05-31 04:58 PM
Hi,
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
desi3933
06-08 11:52 AM
Thanks for opening this thread, I have a question which is not related to IV's core cause but suitable to this thread.
I want to ship my car to India and don't know where to start, I would appreciate if someone could share knowledge/experience.
Thanks in advance.
http://www.shipmyvehicle.com/InternationalVehicleShipping.aspx
There are many other sites for this service.
I want to ship my car to India and don't know where to start, I would appreciate if someone could share knowledge/experience.
Thanks in advance.
http://www.shipmyvehicle.com/InternationalVehicleShipping.aspx
There are many other sites for this service.
pappu
12-17 09:57 PM
I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.
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