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chakrakr

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About chakrakr

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  1. No you should not need. From http://www.murthy.com/2015/04/17/h1b-amendment-required-for-most-worksite-changes/ --- 'if the beneficiary is to be moved to a new job location that requires a new LCA (i.e. A worksite that is neither within normal commuting distance nor within the same MSA indicated on the existing LCA,) this is considered a "material change." And, when a material change occurs, an amended or new H1B petition, with corresponding LCA, is mandatory." .. You need a new LCA and H1 Amendment only when the move is beyond commuting distance and/or a different MSA
  2. chakrakr

    Question on skill set for I140

    You have mentioned that you worked on that Technology ... so I am considering there is no fraud involved. Assuming that, you can get a notarized letter from some co-worker of your previous company who can confirm what you have worked on. Check with your attorney.
  3. chakrakr

    Single LCA multiple H1Bs ?

    If you say so. ..... but you do ack your first post was wrong,don't you ? So why are you crying ?
  4. chakrakr

    Single LCA multiple H1Bs ?

    Good that you learnt it and glad I am able to help you learn something new ... in my small way :)
  5. chakrakr

    Single LCA multiple H1Bs ?

    That's exactly what I said ... you were wrong :)
  6. chakrakr

    Single LCA multiple H1Bs ?

    You mentor is back :) One LCA can support multiple person . It was unlimited earlier, per a DOL proposal in 2012, it was supposed to be restricted to 10 workers. Don't know if the proposal went through but it is still NOT one person .... From If the LCA is certified for multiple workers, you must provide the name and USCIS case receipt number of any foreign worker who has previously used the LCA."
  7. You are eligible. Essentially , you need a 4 year bachelor degree in the field where you want to work. However, every missing year towards the degree can be substitute by 3 year experience. You are qualified per experience.
  8. chakrakr

    Visitor visa stay period

    Whatever is the date stamped on I-94. Doesn't matter it is 6 months , < 6 months or > 6 months
  9. chakrakr

    Aging out H4 student for F1 conversion

    She should exit and enter with the I-20. From what I understand , Consulate will not entertain her application for F1 at all .
  10. chakrakr

    Aging out H4 student for F1 conversion

    A little google helps .... From http://canada.usembassy.gov/visas/visas/student-and-exchange-visas.html ....... Canadian Citizens do not need visas to study in the U.S. You do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university that you plan to attend. At the time you receive the I-20 (or DS-2019) you will be registered with SEVIS," AND http://travel.state.gov/content/visas/english/study-exchange/student.html "Citizens of Canada and Bermuda do not require visas to enter the United States as students"
  11. chakrakr

    change of client address

    These will probably answer your question -- http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/Static%20Files/AILA-Committee-Meeting-Oct13.pdf Quote -- 13. Under the Department of Labor regulations, the “area of intended employment” means the area within a normal commuting distance of the place of employment. No new LCA is required if the employee moves within the same “area of intended employment.” Please confirm that a move within the same area of intended employment is not a “material change” that requires the filing of an amended H-1B petition. Please also confirm that field auditors have been instructed not to treat changes of location within the same area of intended employment, without other factors, as “material” for purposes of requiring the filing of an amended petition or petition extension. Response: USCIS assumes that the “move” being referenced in this question is a move in the place of employment and not the place of residence of the employee. Generally, in a case where a beneficiary remains employed by the original petitioner, a change in the “place of employment”, as used in 20 CFR 655.715, of a beneficiary to a location in the same Metropolitan Statistical Area (MSA) listed on the controlling Labor Condition Application (LCA) certified to the U.S. Department of Homeland Security with respect to that beneficiary alone is not a material change in the terms and conditions of employment and therefore would not require the filing of an amended H-1B petition. http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62j.htm Quote -- If the employer requires the H-1B worker to move from one worksite to another worksite within a geographic area of intended employment, must the employer obtain an LCA for each worksite within that area of intended employment? No. The employer need not obtain a new LCA for another worksite within the geographic area of intended employment where the employer already has an existing LCA for that area. However, while the prevailing wage on the existing LCA applies to any worksite within the geographic area of intended employment, the notice to workers must be posted at each individual worksite, and the strike/lockout prohibition also applies to each individual worksite.
  12. chakrakr

    H1B subject to cap for R2A?

    Your mentor is back ... correcting your mistakes. I suggest learn the law and do not see fraud everywhere
  13. chakrakr

    H1B subject to cap for R2A?

    Wow! Are you writing your own laws ? It is VERY legal to reuse PD when an employee is fired. Essentially , as long as the job existed when 140 was filed and approved, there is NO fraud and no reason PD cannot be reused .
  14. chakrakr

    H1B subject to cap for R2A?

    No, a 140 CANNOT be filed and I do not think anybody said that. But a already filed and approved 140 NEED NOT be revoked if employee leaves the job (or is fired).
  15. chakrakr

    H1B subject to cap for R2A?

    Show us the law which says 140 need to be revoked if beneficiary is fired...
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