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BALCA Appeal Leads to Voluntary PERM Certification by CO

15 years ago By Rajiv S. Khanna

In a case decided yesterday, we had filed an appeal to BALCA against a PERM denial by the Certifying Officer (“CO”).  The ground for denial was that the Job Order did not provide the exact salary offered to the foreign worker.  We showed in our appeal that the fault lay with the Job Order form of the State Workforce Agency.  The form did not permit us to enter the higher end of the wage range for our job, where we had offered a wage range instead of an exact figure.  The CO appears to have agreed with us and has withdrawn denial and certified our case. 

Agency

Green Card

U.S. Embassy Mexico Announces New Visa Procedures

14 years ago By Editor

New Visa Procedures

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently.     Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview.  The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview.   ASCs will be located in buildings separate from the U.S. Embassy and Consulates. 

USCIS Reminds Haitians to Register for Temporary Protected Status

14 years ago By Editor

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds Haitian nationals that the registration deadline for Temporary Protected Status (TPS) is Jan. 18, 2011.

Haitian nationals who have continuously resided in the United States since Jan. 12, 2010, and who meet other TPS eligibility requirements, must file their applications for TPS no later than Jan. 18, 2011. The TPS designation for Haiti will remain in effect through July 22, 2011.

FY 2011 H-1B Cap Count (as of December 17, 2010)

14 years ago By Editor

 

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

USCIS - Forms N-648 and I-407 Updated

1 year ago By Chief Editor

USCIS recently updated the following forms:

Form N-648, Medical Certification for Disability Exceptions

09/25/2024 12:11 PM EDT

Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-407, Record of Abandonment of Lawful Permanent Resident Status

09/25/2024 10:40 AM EDT

GC approval before AC21 Supplement J could be filed

1 year ago By Chief Editor
Question details

My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?

FAQ Transcript

To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared  Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.

H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

1 year ago By Chief Editor
Question details

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

 

FAQ Transcript

If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.

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