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DOL Issues Round Five FAQ for H-2A Final Rule
To assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a fifth round of Frequently Asked Questions (FAQs) providing clarifications on several H-2A issues raised recently, including the transportation requirement.
These FAQs are Click here.
DOL Revised Employer's H-2A Handbook
To continue to assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has revised its Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide summarizes and explains key regulatory requirements for a U.S. employer to participate in the H-2A Program, including what documents to file, important timeframes and deadlines, helpful filing tips, and how to contact the OFLC Chicago National Processing Center for further assistance.
Guestbook Entry for Poolsingh, United States
Name
Poolsingh
Country
United States
State
IL
DOL Publishes 2010 H-2A Final Rule FAQs Round Six
To assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a sixth round of Frequently Asked Questions (FAQs) providing clarifications on several H-2A issues raised recently.
Please check attachment to read round Six FAQs.
DOL Publishes Notice On Changes To Labor Certification Process For H-2B Workers
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12883-12884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5159]
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DEPARTMENT OF LABOR
Employment and Training Administration
Wage and Hour Division
USCIS Returns to Original I-797 Receipt and Approval Mailing Process
USCIS has resumed sending the original I-797 receipt and approval notices to the attorney or accredited representative listed on the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, and copies to the applicant or petitioner. All Forms I-129 currently being filed should list the petitioner’s address as the mailing address.
Temporary Protected Status Extended for Salvadorans
Re-registration Open Until March 12, 2012
Released Jan. 10, 2012
WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning March 10, 2012, and ending Sept. 9, 2013.
DOL Announces H-2A Ombudsman Program
The OFLC announced the establishment of an H-2A Ombudsman Program. The H-2A Ombudsman Program is here to facilitate the fair and equitable resolution of concerns that arise within the H-2A filing community, by conducting independent and impartial inquiries into issues related to the administration of the H-2A program.
For more information on the H-2A Ombudsman Program click here.
DOL Releases Updated PERM Statistics for First Quarter of FY2012
Updated DOL PERM statistics from the first quarter of FY2012 released on 3/5/12.
To view statistics click on attachment.
Guestbook Entry for Naveen Gupta, India
Name
Naveen Gupta
Country
India
State
Delhi
Comment
Hi, I had a query about L1-A processing with a very specific challenge I was facing. I took 15 mins consultation and paid $220 but I tell you, it was REALLY WORTH it. Not only Mr. Khanna helped counter that challenge but also he told me a way to overcome it completely. I really appreciate Mr. Khanna's professionalism and really greatful to him THANKS a LOT for all your help!
Guestbook Entry for Coskun Unal, United States
Name
Coskun Unal
Country
United States
State
MD
Comment
This comment for Law Offices of Rajiv Khanna should be written 3 years ago. Sorry for the delay. My case was one of the most complicated and long-shot cases, regarding the fact that I was a diplomat in USA and my wife, as a diplomat Spouse (A-1 dependant) found a unique opportunity to work as a Senior Developer in a big company. After company's decision to sponsor my wife for GC, we didn't want to go with company law department, but instead decided to apply to Mr. Khanna and his staff to lead and guide us through the process. The reason for our choice was positive recommendations and all those admires happened to be true that my wife was able to get her GC in 6 months. Because of my diplomatic position, we were advised to hold my case and activate it when I was back home. We left US in 2008, activated my file by 2009, and as of 2011 my wife, our 3 y/o son and myself turned back to USA as permanent residents, thanks to Mr. Khanna and his proffessional staff which followed every detail and filing efforts precisely. We will definitely ask their assistance for our naturalization process.
DOL Publishes Notice And Clarification On Meal Reimbursement For H-2A Workers
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13635-13636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5602]
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DEPARTMENT OF LABOR
Employment and Training Administration
CBP Reminds Travelers to 'Know Before You Go'
Refresh Your Knowledge of Border Crossing Requirements
03/06/2012
PERM Processing Dates
PERM Processing Times as of 03/05/2012.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Can H-4/F-2 holders perform volunteer work?
The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time or are they constrained to stay at home.
Quote: Q. May an H-4 (or F-2 type visa) holder volunteer for work to provide charitable service, to gain experience or just to stay busy?
H-1 converting to H-4 and then (maybe) back again
Question details
I have a friend who came to US on H4 & was on H4 for 2 years. Then she applied for H1B from 2 companies (A & B) & got approved from both the companies. She got the project in Oct 2008 & started working for Co B .
Now due to bad economy, her Project is ending in January 2009 and she is not able to find any new project.
While working she have been paying taxes regularly.
Pl let us know what needs to be done now:-
* She is planning to go back to H4, pursue higher studies, Changing to F1 & then coming back on H1B work. (H4-H1-H4-F1-H1) or (H4-H1-H4-H1).Will this create Bad impression to USCIS ?
* When next time the H1B petition is being filed for her, will her petition be subject to regular H1 B quota of 65000 & will have to go through a typical process of filing, that means Petition being filed in April & waiting for approval until Oct. to work?
* If in case My friend goes back to H4, Will Co. A & B will terminate H1B petition as per law? & If in case yes will this create any difference?
Changing the way she is planning is perfectly legal. There is no question of a "bad impression."
In my view, she will not be subject to quota unless she is outside USA for a year.
The companies are required by law to revoke her H-1. I see no issues there.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
L-1 - H-1 COS issues
Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.
Questions
Can an unrelated Masters degree get me an EB2?
Question details
When we apply for Green card under EB2 category, should the masters degree and present job be related? Here is a situation: I have a masters in Agribusiness and I am working as a business analyst. My employer says I am not eligible to apply under the EB2 as my masters is not related to my present job in IT sector. Please let me know the reality.
In fact there is no simple answer. Legally, there is nothing that requires that the degree must be in a related field. But, the employer needs to make sure, under penalty of perjury, that they do require a Master's degree, even if it is unrelated.
Does filing for any green card permit me to stay in USA?
Question details
I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?
So, the questions is does filing for any green card permit me to stay in USA?
The answer is no.
Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.
That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.
What to do if an I-140 gets rejected?
Question details
Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:
1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?
If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
Mr. Rajiv Khanna helped me to understand the process for applying H-1B related with start up firms. I am convinced about his knowledge , skill to process H1B.