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12-05 09:20 PM
Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
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03-27 03:19 PM
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dave25
01-24 02:32 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
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nkappiah
07-19 10:58 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Who or what is fragomen? Where can I read up more on this?
Check with a lawyer before you do anything.
Who or what is fragomen? Where can I read up more on this?
more...
bijualex29
04-04 12:13 PM
With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
Is this too much to ask?
Is this too much to ask?
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06-27 02:04 AM
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yagw
06-13 01:12 PM
I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.
An individuals income and their net worth is their personal information. I don't think you will get more info on this (that too in a public forum).
An individuals income and their net worth is their personal information. I don't think you will get more info on this (that too in a public forum).
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amitjoey
10-03 07:07 PM
Sorry folks, the question may have been asked before.
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
Please refer to answer provided by logiclife on this thread. Thanks Logiclife
http://immigrationvoice.org/forum/showthread.php?t=14111
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
Please refer to answer provided by logiclife on this thread. Thanks Logiclife
http://immigrationvoice.org/forum/showthread.php?t=14111
more...
inskrish
07-23 12:24 AM
Just curious. Is there anything special with the date "07/18/08"?:)
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Ennada
09-16 02:49 PM
My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help
more...
PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
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sushant_s
08-25 09:19 PM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
more...
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manderson
10-17 11:57 AM
i don't personally know any attorney nor do I have any experience. But I know that anyone (including Indians) will qualify and this is always current and no labor cert needed. You can go from 140 to 485 in a short period of time and then get a 2 yr conditional GC after which if u still maintian ur initial invest (500k or 1M depending on target area of investment) then u will get final GC.
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sheish
09-22 09:42 AM
Hi,
Here is the my status:
- 140 approved(EB3 category)
- I am in 7th year of my H1
- 3year H1 extension is in-process
All of the above with Company-A.
If the 3year H1 is approved, will I be eligible to change job to Company-B and transfer my H1 to Company-B?
Can I take my priority date from my application from Company-A to B?
In what way Company-A can affect my status once I switch to Company-B?
Thanks for your input.
Here is the my status:
- 140 approved(EB3 category)
- I am in 7th year of my H1
- 3year H1 extension is in-process
All of the above with Company-A.
If the 3year H1 is approved, will I be eligible to change job to Company-B and transfer my H1 to Company-B?
Can I take my priority date from my application from Company-A to B?
In what way Company-A can affect my status once I switch to Company-B?
Thanks for your input.
more...
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letstalklc
11-04 03:03 PM
If the old company not revoked, you can travel with that old I 797.
If you get an approval from your new employer when u r ome country, better ask your employer to send it to you, so that you will get I-94 with new date on it...
In port of entry they will ask for your H1 Docs and your work location if it is consulting company or client letter, in some cases may be more docs like W2's...
If you get an approval from your new employer when u r ome country, better ask your employer to send it to you, so that you will get I-94 with new date on it...
In port of entry they will ask for your H1 Docs and your work location if it is consulting company or client letter, in some cases may be more docs like W2's...
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aksaharan
09-24 03:46 PM
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
more...
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casper21
11-07 07:42 PM
Hi All,
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
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trivial science
12-09 05:34 PM
Hi there,
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
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dazed
11-20 01:28 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
Thank you.
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05-02 08:09 PM
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bsbawa10
04-17 09:44 AM
Looks like nobody replied or liked the idea. How can I delete the thread ?