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.
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girishvar
08-12 07:13 AM
No
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
simple1
05-11 02:20 PM
I already did, thanks.
Kindly note:
This thread is a question to Lawyer requesting advice from IV forum attorney.
This is not the original thread for member / donor discussion.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
Kindly note:
This thread is a question to Lawyer requesting advice from IV forum attorney.
This is not the original thread for member / donor discussion.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
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ramus
06-27 02:33 PM
I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.
more...
memyselfandus
07-21 10:45 PM
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
1)would there be any problem during the Visa stamping?
2)What should i do to other visa ,which i will be not using?
3)How should i approach the employer whose employment i will be not accepting?
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
Just pick the one that you to want join with. It doesn't matter if you got more than one application approved. The effective H1B will be the one that you would use for stamping at embassy.
Hence relax and have fun!!
I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
1)would there be any problem during the Visa stamping?
2)What should i do to other visa ,which i will be not using?
3)How should i approach the employer whose employment i will be not accepting?
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
Just pick the one that you to want join with. It doesn't matter if you got more than one application approved. The effective H1B will be the one that you would use for stamping at embassy.
Hence relax and have fun!!
kaisersose
06-10 02:20 PM
You should avoid phrases such as "fast track green card". That is being presumptious.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
more...
factoryman
06-18 12:50 PM
the first H1 stamping for me and 2 h4 for family members. Wife got it at Chennai, last Sep.
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
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kaisersose
07-31 06:00 PM
The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
more...
vijay0101
04-07 05:28 PM
hi ggc,
when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
Thanks
when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
Thanks
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Springflower
08-30 04:56 PM
Contratulations babu !
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: ?
Receipts received: ?
--------------------------------------------------------------
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: ?
Receipts received: ?
--------------------------------------------------------------
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
more...
thomachan72
01-13 05:20 AM
Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.
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lvinaykumar
04-16 07:09 PM
I am waiting to hear something for my wife. She would hate it to sit at home for one year
Let see......
I will update this thread if i hear something
Let see......
I will update this thread if i hear something
more...
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continuedProgress
06-29 02:24 PM
Thanks logiclife for showing an option when I had given up!.
I have an approved 140 and I can get a letter mentioning future employment from my previous employer. I understand that I cannot apply for EAD since I will not be working for them, however, what additional steps do I need to take to invoke 'AC21 portability'?. Since I am assuming my 485 will take more than 180 days.
Thanks!
A
I have an approved 140 and I can get a letter mentioning future employment from my previous employer. I understand that I cannot apply for EAD since I will not be working for them, however, what additional steps do I need to take to invoke 'AC21 portability'?. Since I am assuming my 485 will take more than 180 days.
Thanks!
A
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pappu
05-08 02:14 PM
Subscription Payment Sent (Unique Transaction ID #82G15598SR169690U)
In reference to: S-4UL2252729966384J
-cheers
kris
Thanks. Great to see someone active and contributing despite getting the greencard.
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
In reference to: S-4UL2252729966384J
-cheers
kris
Thanks. Great to see someone active and contributing despite getting the greencard.
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
more...
pictures Spencer Pratt Heidi Montag
WeldonSprings
10-28 10:22 AM
Have anybody encountered Receipting Delays at Nebraska Service Center recently. I applied for my and my wife's AP (I-131) last week, received on Oct.21 and it has not been receipted yet.
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Templarian
08-27 05:58 PM
Shaking My Head
more...
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indygc
12-18 11:41 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
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koppula09
01-04 05:43 PM
Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
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langagadu
12-13 07:48 PM
I am not clear about the problem but it may be possible they messed up the xerox copies they sent you with some one else? I would suggest to check that first.
suriajay12
03-26 09:05 AM
I voted up the Immigration questions.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Voted UP for anything to do with legal immigraiton. 3-4 more hours its open.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Voted UP for anything to do with legal immigraiton. 3-4 more hours its open.
kannan
07-21 02:07 PM
My 485 details
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
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