cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
wallpaper short quotes for est friends.
ajju
10-15 02:21 PM
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Guess people can't even take PUN any more... Got negative and abusive remarks for this.. atleast have guts/courtesy to leave name/handle...
But then my dear.. where's the money...
Guess people can't even take PUN any more... Got negative and abusive remarks for this.. atleast have guts/courtesy to leave name/handle...
desi3933
02-18 06:21 PM
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
2011 cute best friends forever quotes. est friends forever quotes and sayings.
amitjoey
03-18 04:24 PM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
more...
gc_chahiye
10-31 03:25 AM
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
greencard_fever
08-04 04:38 PM
call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.
Thank you for the update and can you provide me the details how to take the infoPass.
Thank you for the update and can you provide me the details how to take the infoPass.
more...
senthil1
04-10 06:20 PM
The numbers were not too much as the expectation was much more as last 2 years cap was reached and expected to file more persons. If H1b is filed based on real job requirements the cap must be enough.
this happened because alot of students filed through multiple employers
(read desi consultants) to better their chances
i hope they do something about this artificial inflation and fraud bodyshoppers
the masters quota would never have gone into lottery then
this happened because alot of students filed through multiple employers
(read desi consultants) to better their chances
i hope they do something about this artificial inflation and fraud bodyshoppers
the masters quota would never have gone into lottery then
2010 sayings best friend quotes
samswas
09-28 03:43 PM
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
more...
pappu
02-10 01:18 PM
Check the job requirement for your position. What is the qualification needed for your position?
That will answer you.
That will answer you.
hair Best Friends Funny Quotes
xgoogle
11-12 05:44 PM
I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?
more...
CRAZYMONK
07-20 09:01 AM
All they can do is stop your salary and not re leave you from the duties. Also the day you put in your papers, they might cancel your H1B, which jeopardizes your status. So prepare for this. File the H1 B first get the approval then quit. These days it is very hard to get the H1b Transfer done.
They can't do any thing else. All the best.
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
They can't do any thing else. All the best.
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
hot short est friends quotes and
kaizersoze
03-21 01:48 PM
Folks,
I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)
The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen
List of the senators and the congressmen
http://www.visi.com/juan/congress/cg...e=ctc&state=nj
To find your local representative
http://www.house.gov/writerep/
This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.
Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36
We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.
C'mon people, now is the time to make a difference. lets make this happen !!
I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)
The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen
List of the senators and the congressmen
http://www.visi.com/juan/congress/cg...e=ctc&state=nj
To find your local representative
http://www.house.gov/writerep/
This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.
Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36
We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.
C'mon people, now is the time to make a difference. lets make this happen !!
more...
house Best Friends Quotes And
rsharma
07-24 06:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
tattoo est friends forever quotes
boldm28
06-17 08:27 AM
Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.
you got that rite buddy
you got that rite buddy
more...
pictures cute funny quotes about est
YesGC_NoGC
06-20 01:34 PM
Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.
However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.
I am looking at looking at options...let's see what is the outcome.
Thanks
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.
I am looking at looking at options...let's see what is the outcome.
Thanks
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
dresses est friends forever quotes
kola
05-08 01:09 PM
Thanks every one.I have to just wait and see how my 140 goes
more...
makeup cute quotes for your est
invincibleasian
01-31 12:28 PM
guys please quit all this begging. If yu guys need help do your research or contact an immigration attorney!
girlfriend cute friendship sayings and
rameshvaid
07-01 03:28 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
hairstyles short quotes for est friends.
texcan
08-01 05:55 PM
Join state chapter to be upto date.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
manishcp
09-21 07:00 PM
Thanks for information.
Manish
Manish
BPforGC
03-05 03:18 PM
It is easier to predict which stocks go up and which stocks go down on 17th April 2009, than what USCIS does. You will have more probability of guessing powerball winning numbers than that those f***ers at USCIS will do the next month.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
No comments:
Post a Comment