U.S. Citizenship and Immigration Services (USCIS) announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs).
Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010.
U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
My Year 2004's Pakistan Visit Experience:
Applied for my H1B stamp
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1. I came to Pakistan in June 15, 2004 with I-797 H1B approval notice
2. Applied for US visa stamp within a week or two
3. Got my passport back with interview req. after 2 weeks of application
4. Went the following day and showed them the following documents
a. I-797 H1B approval notice
b. Job Letter
c. Two recent paystubs
5. I was asked briefly about my job duties and was told that I'll get my passport back after security clearance
I would like to share my latest H1B visa stamping experience Islambad. My brief background: I came to US first in Aug 2004 on F1 visa with my wife and kid on F2 visas. We visited Pakistan in Jun 2006 while on F1. My H1B status started in Oct 2007. We came to Pakistan in last week of December 2008 and needed to obtain H1B visas to return back to USA. We got our appointment for Jan 9, 2009. VO asked few general questions related to job etc. and examined my original educational documents, letter from my employer, my tax returns and my salary slips.
We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.
USCIS approved the application.
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.