Administrator2
03-28 01:41 PM
As needhelp! clarified, we will fix all these issues over the weekend. Kindly keep updating this thread with any tracker related issue you would like to report.
Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.
Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.
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krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
ilanbenatar
04-25 12:17 PM
Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
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gopi246
03-20 02:43 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
more...
bekugc
04-08 06:07 PM
EB3, PD = Apr 2003
by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.
by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.
snathan
05-29 10:28 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
more...
gc_on_demand
05-28 11:39 AM
If they approved your I485 before you get married then only way left for your wife is H1b or another visa. ( not Student visa ) you cannot apply for her gc if she is on F1 ( F1 is not dual intent visa ) .
If they approve GC then current family category takes 5-6 years F2A category . OR u can become citizen and file which is also 6-7 year from day u get ur gc.
BUT given trend it is very riskey to withdraw I 485. People donot get even chance to apply for I 485. You will be back on line in this mess.
Choise it yours..
If they approve GC then current family category takes 5-6 years F2A category . OR u can become citizen and file which is also 6-7 year from day u get ur gc.
BUT given trend it is very riskey to withdraw I 485. People donot get even chance to apply for I 485. You will be back on line in this mess.
Choise it yours..
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a_yaja
07-18 11:02 AM
what is your country of birth? I know dates never went current to sep'08 for india...
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
more...
alterego
11-01 07:30 PM
Firstly to comment on the story, What the heck are they to do with a shrinking and aging population!
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
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GCard_Dream
03-06 04:38 PM
Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
so now people give red dots just for asking a question about EB3...where is ACLU:D
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
so now people give red dots just for asking a question about EB3...where is ACLU:D
more...
coolest_me
05-06 11:33 PM
Hi,
We just got the RFE on our application regarding the Medical. We did completed all the vaccination that were required. I am not sure what USCIS is asking us to complete. Does anyone has any experience about this kind of RFE..
We just got the RFE on our application regarding the Medical. We did completed all the vaccination that were required. I am not sure what USCIS is asking us to complete. Does anyone has any experience about this kind of RFE..
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smartboy75
08-10 05:19 PM
Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member
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franklin
07-22 09:38 PM
Let's push to achieve IV action items first!
Have you sent your 4 cards and the YouTube video?
Have you sent your 4 cards and the YouTube video?
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gchodhry
02-11 06:33 PM
I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
As far as denial is concerned, I am still waiting for the notice...
Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.
Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?
Please suggest...
Thanks,
Gagan Chodhry
As far as denial is concerned, I am still waiting for the notice...
Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.
Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?
Please suggest...
Thanks,
Gagan Chodhry
more...
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probe
05-02 04:30 PM
NOV 29 2006 (RD) EB3 category NOV 2003 (PD ). Still waiting ...
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sodh
07-27 05:03 PM
And one more thing notarize the request, its not neccesary,but its better to be safe.
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eb3retro
06-17 01:20 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
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spicy_guy
08-28 12:12 AM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
Another struggle with USCIS amidst a lot other... huh? :D
Another struggle with USCIS amidst a lot other... huh? :D
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bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Gundark
08-26 02:25 AM
Ok... here is my try at Sonic the Hedgehog!
This was probably the most difficult smiley for me to make so far.
http://www.kirupa.com/forum/attachment.php?attachmentid=47708&stc=1&d=1219731722
This was probably the most difficult smiley for me to make so far.
http://www.kirupa.com/forum/attachment.php?attachmentid=47708&stc=1&d=1219731722
simplistik
03-07 08:42 AM
I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...Hmmm.... I thought paddy was first. Regaurdless that's just my opinion... I mean techincally you were all influenced by the sony site :P. But end dates on things like these types of compitetions are important, what you do is you give a specified time to have them linked up. Give somethin like a 6ish hr gap to have them up or post the link... then close it if they aren't up.
Anywho... gj guys... but I shall not say who I voted for :krazy: don't go tellin on me you silly Mods you. :p:
Anywho... gj guys... but I shall not say who I voted for :krazy: don't go tellin on me you silly Mods you. :p:
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