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Exactly my thoughts, that means we can work remotely :)

For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and

(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.

Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)

also found this on the net:

http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685

page 6/18 - section (vi)

Hi,

I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:

1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.

OR

2. Do I have an option of getting my FingerPrint done at any consulate in India.

Any help would be appreciated.

Thanks

It's normal, the priority date is on I-140 approval for EB-AOS.

It was applied in April at TSC and it was a substitution case.

Priority date is Mar 05.

This is interesting. Do you know more about the program ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?

Hi,

I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).

Thanks.

It is form G-639. You can get it from USCIS website.

1. You can apply for transfer but there might be an RFE asking about your paystubs which you can't provide as you are not on H1 now.
2. With new H1, you can only work from October 2010.
3. Now a days we can predict. If you want it quick you can opt for premium.
4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.

Thank you Rahul..
I really appreciate it.. Just one more clarification.
My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?

Thanks

Moral of the story: Dont trust ur employer! ;)

Hi,

My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.

He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.

So far i am not able to find other employer who can transfer my H1, and still in US.

1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.


2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.

3) How much time does INS take to withdraw the H1

4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.

Please let me know do I have any other options.

Thanks
Rajesh[QUOTE=Myvisa;1808894]

Case received and Pending is a usual status when case is pending.

Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.

Why don't you file a lawsuit? :)


Good one. :D

I guess, you need to enter the "Received Date" that is on your last I-765 receipt Notice.

Hello,
I have been looking an answer on this forum for the date that we enter for the Question # 11 on the I765 form:

Question: Have you ever before applied for the employment autherization from USCIS?

My question is on the date that we have to enter here:

Should I enter the CARD VALID FROM DATE on my EAD card?
Should I enter the RECEIVED DATE on the I485 receipt?
Should I enter the NOTICE DATE on the I485 receipt?

I looked on this forum, and there is seem to be confusion around this date..can someone please clarify...

Thank you.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.

The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.

I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.

My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.

What can i do?

Hi,

I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.

Thanks,
Venkat.

You might want to try CBP deferred inspection. For further details, go through the link below:

U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)

Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.

Hi,

My wife is on H4 and willing to apply for H1-B. Her educational qualifications

1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).

Is she eligible to apply for H1-B for next year 2007

Thanks,
Kumar


Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.