eb3_nepa
11-06 09:25 AM
Any more inputs anyone?
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Life2Live
12-10 01:00 PM
It looks like it is not even safe using AC21 after 180 days. Look at the following thread:
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
chanukya
05-17 10:55 PM
Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
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desi3933
06-18 12:26 PM
can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.
----------------------------------
Permanent Resident since May 2002
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.
----------------------------------
Permanent Resident since May 2002
more...
jonty_11
03-28 03:27 PM
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
i know so close yet so far...that is the story of most here...so no surprises...
U r just in the last throes...hang in there...
How USCIS works is not worth discussing...u can never get an answer from them even if u sue them.
I know of people who got GC in 2001 in 6 months (from india) while my labor took forever...who can explain that (same state, same Company)....its just not worth the headache.....at th eend of it all its still a lottery
i know so close yet so far...that is the story of most here...so no surprises...
U r just in the last throes...hang in there...
How USCIS works is not worth discussing...u can never get an answer from them even if u sue them.
I know of people who got GC in 2001 in 6 months (from india) while my labor took forever...who can explain that (same state, same Company)....its just not worth the headache.....at th eend of it all its still a lottery
forgerator
11-08 04:38 PM
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
more...
nitkad
03-20 05:07 PM
Thanks, according to your reply, it seems it will be good if I leave the company before the I140 gets revoked. Also, what happens if it gets revoked after I leave the company?
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eb3India
05-22 09:22 AM
Admin,
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
more...
amsgc
04-22 07:47 PM
Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
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heathere3
04-17 03:13 PM
It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!
Thanks guyz for helping out!
Doesn't matter now, I fixed it! :D
I thought your post was completely logical and I'm interested in knowing if there's a way to draw the USCIS's attention to these bad employers!
Thanks guyz for helping out!
Doesn't matter now, I fixed it! :D
I thought your post was completely logical and I'm interested in knowing if there's a way to draw the USCIS's attention to these bad employers!
more...
aj130346
03-15 08:29 PM
My comany is filing a second LC under PERM for a substantially different job position and job location.
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
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Hermione
10-02 03:58 PM
I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).
Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.
Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.
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vkmurthy260
06-20 05:48 PM
Hi,
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
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st4rguitar
04-06 02:05 PM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.
more...
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raj7480
05-24 02:24 PM
Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like http://www.prweb.com/
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
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smgms
07-11 09:51 AM
I would recommend get the report both for you and your wife.
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renupond
10-04 05:02 PM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
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legalguy
03-02 10:50 AM
How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.
TIA
TIA
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saketkapur
09-04 03:03 PM
They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
I also won't be surprized if the fees go up in the next round.
Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......
Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
2. Increase the fees.....
3. Increase the rate of denials: more denials mean more MTRs mean more revenue......
Its a business and you will do whatever to survive.........nothing personal........
That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
I also won't be surprized if the fees go up in the next round.
Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......
Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
2. Increase the fees.....
3. Increase the rate of denials: more denials mean more MTRs mean more revenue......
Its a business and you will do whatever to survive.........nothing personal........
CoolStrom1
04-16 03:22 PM
I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?
kutra
01-20 05:22 PM
My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.
In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).
In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).
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