As April 1 is only a few weeks away, those who are lucky enough to have a job offer and find an employer that is willing to petition an H-1B application should start putting their application together NOW. The following is a brief explanation on the process of filing an H-1B application.
Starting from this year, the Department of Labor (DOL) has centralized the process of prevailing wage determination (PWD) for H-1B. You should file ETA Form 9141 through iCert (icert.doleta.gov), a website run by the Department of Labor. Applicants should expect to get the prevailing wage determination back in about 60 days. That means if your employer has not filed a PWD yet, you most likely will not be able to file your H-1B application by April 1.
While your are waiting for your PWD, your employer should inform other U.S. workers that you, an international worker, will be hired. Usually a notice on the company's bulletin board or an email is sufficient (hard notice of soft notice), depending on the usual channel of communication between the employer and the employees. You should receive a copy of the LCA as well.
After informing the U.S. workers about the intent of hiring an international worker and getting the PWD back, your employer should file a Labor Condition Application (LCA) with the DOL through iCert. A LCA will generally be approved within 7 business days unless something in the LCA is inaccurate or incomplete, which will require the employer to correct the information and resubmit the LCA.
After the LCA is approved, you may submit your I-129 application with H-supplement pages filled out and other supporting evidence, such as documents that prove your qualifications.
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this page does not establish attorney-client relationship. For specific inquiries, please contact my office for an appointment.
2/01/2010
Advance Parole
If you are applying for adjustment of status (AOS) and need to leave the U.S. before the AOS application is approved, please remember to apply for and obtain an advance parole before you leave the country. The fee of applying an advance parole is included in your adjustment of status application, so you do not have to pay extra to apply for it. However, you need to file an I-131 along with your I-485 to take advantage of this fee arrangement.
If you are a legal permanent resident but need to leave the country for longer than 180 consecutive days, you may also need an advance parole to return to the U.S.
Before an advance parole application is granted, you need to complete a biometric, i.e., have your fingerprint taken by the Application Support Center. If you fail to attend your biometric appointment, your advance parole application may be denied based on abandonment.
Usually an advance parole application would be processed by USCIS within 90 days. If you have not received a decision within 90 days, you may contact the local office of USCIS to follow up on your application.
What if you have an emergency and cannot wait for 90 days? You need to bring documentations to your local USCIS office and show why your advance parole application should be expedited. If the local USCIS office determines that you have a legitimate need to get an advance parole right away, it will likely process and issue an advance parole to you within a few hours.
In short, please remember you have to apply for an advance parole while you are in the U.S and do not leave the country until you have obtained the advance parole.
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this page does not establish attorney-client relationship. For specific inquiries, please contact my office for an appointment.
If you are a legal permanent resident but need to leave the country for longer than 180 consecutive days, you may also need an advance parole to return to the U.S.
Before an advance parole application is granted, you need to complete a biometric, i.e., have your fingerprint taken by the Application Support Center. If you fail to attend your biometric appointment, your advance parole application may be denied based on abandonment.
Usually an advance parole application would be processed by USCIS within 90 days. If you have not received a decision within 90 days, you may contact the local office of USCIS to follow up on your application.
What if you have an emergency and cannot wait for 90 days? You need to bring documentations to your local USCIS office and show why your advance parole application should be expedited. If the local USCIS office determines that you have a legitimate need to get an advance parole right away, it will likely process and issue an advance parole to you within a few hours.
In short, please remember you have to apply for an advance parole while you are in the U.S and do not leave the country until you have obtained the advance parole.
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this page does not establish attorney-client relationship. For specific inquiries, please contact my office for an appointment.
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