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  • Rav!
    10-02 02:25 PM
    Hello all,

    I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

    LC and I140 have been approved...so wanted to apply for a 3 yr extension.

    My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

    Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

    As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??

    Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

    Can a LCA be reused? Is it a valid/legal thing to do?

    Any and all help in obtaining an answer for the above questions is really appreciated.

    Thanks.





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  • raaki
    11-06 01:38 PM
    I am July 3rd filer and just checked my status online.Parole document mailed today





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  • crystal
    03-30 10:53 AM
    respone below
    All:

    I have a question with regard to legal status:

    Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

    (a) What will be the status of my wife and son after the 2 month period?

    They will be on Adjustment of status after h4 expiry .

    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)

    I would appreciate some wisdom here.....





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  • glosrfc
    01-20 06:28 PM
    Strange, I'm not able to replicate the problem. All I can think of is that your mouse has lost focus on the SWF, perhaps due to the over-vigorous motion beforehand? Try clicking on the SWF to regain focus and see if slow moments work for you again.



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  • kviswanathan
    08-20 10:57 PM
    still waiting





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  • nozerd
    02-02 12:55 PM
    You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
    Just make note that they are not open on Weekend. You can only apply for SIN on weekday.



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  • eb3retro
    02-27 03:03 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

    and for god sake, please update your profile.





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  • soorigadu2003
    09-13 04:48 PM
    In my case wife works in the same company which is sponsoring our GC and EAD apps .our EAD expired on Aug 13th (am on H1 still, wife on EAD). But Our laywer told us its ok to continue to work and employer didt ask us any thing so far. Still waiting for EAD. Expidite req was approved about 10 days ago, still waiting for the decision.

    Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..



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  • gg_ny
    07-27 11:45 AM
    Hi,

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.





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  • msvnkk
    03-03 10:14 AM
    Hi I have a question in regard renewal of my expired passport can anyone help me in this regard please.
    my question is if my permanenet address in india is changed. can we keep new permanent address in india. and do we need to submit any documents in regard of new address if so what might be



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  • fromnaija
    11-17 11:48 AM
    Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.

    The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.

    I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:

    This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.





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  • joydiptac
    02-08 05:23 PM
    So which is better, LOA or termination of job? Hard choice..
    LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
    BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.



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  • redgreen
    11-12 11:09 AM
    This is simply called pure selfishness.


    The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).

    Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.

    The way nk2006 misused IV resources for such a simple personal issue is unpardonable .

    Knowing that there are such people among 'highly educated' is disheartening.





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  • julsun
    01-03 09:15 AM
    Hi All,

    My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

    But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

    I have an approved H1b till early 2009 and plan to use same for my travel.

    Any pointers on this one?

    Thanks



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  • FredG
    June 2nd, 2004, 09:14 PM
    I can now sort of say I've been published!Way to go!! Congratulations!!

    Team Up [Archive] - kirupaForum

    View Full Version : Team Up



    Flash-Matic
    10-28 10:11 PM
    Hello,
    I was wondering if anyone (preferably a teen, im 15) would like to make a web design site for a part time job (after school or w/e) Im great with flash and ok with photoshop, fireworks, and dreamweaver. Also i would like some1 who is laid back and likes to have fun while working. I wont be paying anybody anything but we will split the earnings of what we do. You dont have to be the best at any progs , this can be a learning experience and a development of a portfoilio for future jobs(must be good/ok at one web design program) Sorry if thats confsing, im not the best writer but if you are interested email me at chaos@flash-matic.com or reply to this





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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)



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  • GCAmigo
    04-30 02:05 PM
    reality 'bites'.. I said 'drowned' .. so there is no 'saving' from 'drowning' in this case.. what you mentioned applies to people who are still afloat clinging on for dear life..

    P.S. just continuing the thread for fun.. no offence meant.. you are welcome to ignore my comment..





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  • key_ket
    12-15 06:19 PM
    if you have bachelors and more than 5 years, you can definitely qualify for EB2. Good luck





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  • Maria_Mathew
    12-19 01:52 PM
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.

    Was she working in IT field back in India? Can you specify her skill sets? Was it easy for her to find a sponsoring company ?

    I am on H4 and I was wondering whether it is easy to get a sponsoring company in this bad economy. Please reply when you get a chance....

    Thanks,
    -Maria





    sk.aggarwal
    03-16 06:01 AM
    When you get insurance from employer, you pay with pretax money. With online policy you will have to pay with taxed money. Unless it is atleast 30% cheaper than one offerd by employer, I will not go with it. You may be able to get tax deduction later, but it has limits





    kiran24
    06-23 04:48 PM
    somebody please reply