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  • Hi
    My H1b was approved in feb 2010 for location A.Before I could start working at location A,my company found a better client (close to home,better pay) at location B .(different state).
    what should my company do or have done with regards to lca for me to work at location b.
    should lca have been approved before I moved to location b or could it be filed after i started working at location b. If lca was filed after I started working, is that ok.If not, how do we correct this.

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  • Hi,
    I have a valid H4 stamping till Sept 2010. I got my H1B approved last year(2009) and COS from H4 to H1 approved. My H1B was effective October 1, 2009. Due to recession, I still have not been able to find a job. Now I want to change my status back to H4.

    As I have a valid H4 stamping on my passport, can I travel across the border to Mexico, surrender my H1B I94 and reenter the US with a new H4 I94? Is that possible? Can that be done on the same day? Or should I apply for a COS - Form I539 and get it done here?

    Please respond at the earliest.


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  • This is not from Bill Gates. It's an excerpt from the book "Dumbing Down our Kids" by educator Charles Sykes. It is a list of eleven things you did not learn in school and directed at high school and college grads.

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  • H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.

    To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.

    An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.

    In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.

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  • I like it just the way it is Freddy......the emphasis here being the sky and the sunset........your interpretation and it looks great to me.

    Lobbying with it an option to consider? [Archive] - Immigration Voice

    View Full Version : Lobbying with it an option to consider?

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  • Unfortunately, looks like it does not matter what visa is being sought. My wife applied for H4 with PhD in Pharmaceutics.

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  • No, My employer based in New York, we don't have any offices in FL

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  • If PERM is pending for over a year, then the new employer can apply for H1 extension for 1 year. This whole PERM process will have to re-started with the new employer.

    Since this is a unique case, you should check with an attorney.

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  • Many people wait until they at least receive the receipt notice but nothing stops you from starting with the new employer as soon as the petition is submitted (you may need to provide proof of this submission) as per AC21.

    (I am not an attorney so please contact your lawyer for confirmation)

    Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.

    Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.

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  • Hello,
    I am working for a company A with whome I have gone ahead and resigned with them i also filed my GC and 485 is still pending with them and also have EAD through them, recently i got offer from Company B which i accepted and they have gone ahead and filed my H1 Tranfer but recently i got one more offer from Company C which is much better.
    What should be done in this scenario,should i again file for H1 Transfer through Company C or will it mess up my case even more

    Join Company C since it is better offer. Look for your benefits..always.:)

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  • Ezra Klein - Should states set their own immigration quotas? (

    The Kauffman Foundation has a report out ranking the "new economy" states. Their methodology "measures the extent to which state economies are knowledge-based, globalized, entrepreneurial, IT-driven and innovation-based � in other words, to what degree state economies� structures and operations match the ideal structure of the New Economy." The winners? Massachusetts, Washington, Maryland, New Jersey and Connecticut. The laggards? Mississippi, West Virginia, Arkansas, Alabama and Wyoming.

    I never really know what to make of reports like this, but one of the metrics is "immigration of knowledge workers," which really isn't under the control of individual states. Visa quotas are set by the federal government. But why? There are a lot of places where a national solution really is best, but that seems particularly untrue in immigration. Detroit, for instance, has a lot of empty houses, a lot of shuttered factories, and a lot of emigration. They could probably use a bunch of immigrants to occupy homes, buy things, and start businesses. Similarly, California has had a pretty good experience with letting highly skilled immigrants start tech firms in the Northern part of the state. Maybe they'd like to let even more of them in to do it. These graphs explain the potential appeal (click for a larger version):


    There are obvious difficulties with having a California visa that doesn't work in Oregon. But we have limited visas now -- think student visas, or temporary agricultural workers -- and we seem to get by all right. Another concern would be that certain states would be overtaken by xenophobia and basically shut off immigration, though Arizona suggests that you can do quite a lot to make immigrants miserable even without changing the number of available visas, and my hunch is that any state that went too far in this direction would face a tremendous outcry from its business community.

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  • The H-1B process for a non-profit is basically the same as for any other employer. The prevailing wage requirements apply.

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  • We, July 2 filers, just got our receipts. So you are not that bad. After 90 days wait, you are entitled to ask for an investigation, but, as it appears, USCIS is not yet fully finished with all the receipts for July-Aug filers. They said that they will be done with it by month end. You may want to wait until then.

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  • I thought we are interested in how USCIS posts GCs...

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  • Today I had an Infopass Appointment at 10 am. The IO told me, my NC is pending that's why I did not get FP.He told me to wait till July (ie is one yr from the date of applying)then open SR.

    Got the same exact nonsense at my infopass as well.

    With the new 180 day NC rule, does it even matter?

    Bunch of bafoons are appointed as so called IIOs there..

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  • Thank you so much for the advise!

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  • Hi,

    Can a H4 visa holder apply for the Praxis test series and then apply for State Teacher Certification. I know on H4 we can't work but is it possible , just getting the Teacher Certification.

    If it's not possible on H4 then I have an option to convert H4 to L2 (as my husband will change his status from H1 to L1) and get EAD.Can after that can I get the Teacher Certification from PA ?

    I checked on PA State Teacher Certification requirement for Foreign Educated Teachers and there is one point like this.

    - is a citizen of the United States or holds an resident alien (green card) visa

    Will EAD/H4 considered as Resident Alien Visa ?
    Or without Green Card it's not possible to get this Certificate ?

    Please help me.

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  • USCIS issues receipt numbers after the Armageddon!!!!!!!!!!!!!

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  • For what it's worth, I can totally understand why someone wouldn't want to use a DataGrid. The day that I happily use one will probably be the same day that all of my ambitions about life come to an end. Their corporate component-ness is hard to shake, and being told that they can be "skinned and customized" just forewarns of the fun times that you and your pal the DataGrid are going to have in the coming, sleepless nights ahead. :tired:

    No one Interfiled so far??


    I' am a new member and I recently read about IV group on with regards to the flower campaign. Congratulations to all of them who could file thier I-140's and I-485's. Special thanks to all those who were involved in getting this resolution.

    This is my first post and I would like to know if we can all get together and request DOS for accomodating all the pending applicants with BEC's during the October's Visa bulletin.

    I know it sounds ridiculous but if you put the numbers together...currently there are around 25000 applications pending with BEC's and by Aug 17th those numbers might come down to 22,000. I' am not sure what would USCIS or DOS would gain in holding these 22000 applications back. May be 50,000 with dependents.

    The best solution would be to have PD's of April'2005 for all EB categories in the month of October'07. If IV group could lobby for all the remaining applicants at BEC's, then it would be ideal for every one. Justice to all aspiring legal immigrants.

    All of us can then focus our energies on other issues like Visa numbers, capturing unused visas, not counting dependents in the visa quota etc.

    I hope everyone (those who have already submitted I-140's and I-485's) can support us on this issue and this should be on top of all the priorities.

    Please provide any suggestions you might have on this subject.
    ************************************************** ******
    My labor details:
    EB2; Nov-2004; Non-RIR; Stuck at PBEC.

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