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Attorney_10

Attorney
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About Attorney_10

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  1. Attorney_10

    Labor Approval/ H1B Transfer

    Generally, a new company can start the labor certification process for a beneficiary at any time, even before the individual begins employment with the company. Typically, a copy of the I-140 approval notice must be included with the H1B change of employer petition if the H1B beneficiary has already exhausted his/her 6 years of H1B time. The new employer can file the petition before or after a new green card case has been initiated. Please schedule a consultation with an experienced immigration attorney to go over the specific issues in your case and to determine the best timing for filing these petitions/applications.
  2. Attorney_10

    H1B while H4 COS in process

    Generally, once an H1B beneficiary stops working for the sponsoring employer s/he is no longer maintaining valid H1B status and thus is not eligible to change employers or change status within the U.S. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the best strategy for getting back into valid H1B status.
  3. Attorney_10

    F1 stamping during H1B application processing

    The F-1 visa is a nonimmigrant intent visa, which means the applicant must not intend to live and work in the U.S. permanently. The H-1B clasffiication is dual intent, which means the beneficiary can have the intent to remain in the U.S. permanenlty or not. If the consular officer has information that the F-1 applicant is the benficiary of an H-1B petition, it may be harder to demonstrate the requisite intent for F-1 purposes. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the risks involved with applying for the F-1 visa.
  4. Attorney_10

    LCA Timing

    The DOL typically certifies LCA's within 7-10 business days. You should check with your employer to confirm the actual date of submission. If the LCA was denied a new LCA would need to be submitted and the clock would re-start.
  5. Attorney_10

    LCA Processing Time

    It typically takes around 6-9 business days for the Department of Labor to certify LCA's. However, holidays, government shutdowns, and other technical glitches with the DOL iCERT system may impact processing times. Therefore, it is safest to submit the LCA for processing as early as possible to avoid any delays.
  6. Generally, if USCIS premium processing unit is unable to take action on the case within 15 calendar days of receipt, the employer can request a refund of the premium processing fee. However, if a Request for Evidence is issued within the 15 calendar days, no refund will be given.
  7. Attorney_10

    Changing title on LCA

    Yes, the employer may choose the most appropriate SOC code for the position on the LCA. If the employer is unsure which code is the best fit, the employer may obtain a determination from the Department of Labor.
  8. Yes, this information should be disclosed. Form I-129 asks if the beneficiary has been given H1B classification or denied H1B classification in the past seven years.
  9. Attorney_10

    LCA System Still Down?

    The Department of Labor iCERT system is working again. However, due to high volume the system is running slow with periodic outages. LCA's that were submitted prior to the shutdown are still being processed by DOL and many have not yet been certified.
  10. Attorney_10

    L1-A under RFE and H1-B Approved...

    The facts of your case appear complex. Please schedule a consultation to discuss the specific facts realted to your case and the best strategies for maintaining your nonimmigrant status.
  11. Attorney_10

    License Expiring & H1B Ext Pending

    Please check your local DMV to determine which documents are acceptable for drivers license renewal. Some states will accept the I-797 receipt notice. Also, the company may want to upgrade the pending H1B case to premium processing. USCIS will take action on the petition within 15 calendar days of receiving the upgrade request.
  12. Attorney_10

    F1 to H1B - Still initial review

    The USCIS service centers are still processing cap subject H1B petitions. The petitioner can upgrade the case to premium processing or place a status inquiry with the service center where the petition is pending. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the best option for you.
  13. Attorney_10

    3 yr extension after I-140 approval

    Generally, an approved I-140 petition provides a basis to request an H1B extension of up to three years. However, a three year approval is not guaranteed. The documentation must still support that sufficient specialty occupation work and a bona fide employer-employee relationship will continue for the entire duration requested. If this is not supported by the evidence, USCIS will approve the petition for a shorter duration. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case in more detail.
  14. Attorney_10

    H1B Clock Reset Situation

    Generally, in order to be eligible for a new 6 year period of H1B stay, the beneficiary must be physically outside the U.S. for one full year. Once the beneficiary satisfies the one year requirement s/he is eligible to file a new cap subject H1B petition. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the different options that may be available to you.
  15. Attorney_10

    H1B for City Government Job

    Only the employer, as the petitioner, can file the H1B application on behalf of the employee / beneficiary. The Department of Labor considers the costs of an H1B petition to be an employer's business expense. As such, the employer should pay all costs associated with the preparation and filing of the H1b petition, including legal fees and USCIS filing fees. Furthermore, there are certain fees which can only be paid by the employer. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case.
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