mchundi
02-23 06:01 PM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
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santb1975
03-24 12:37 PM
I am listening to this now
pappu
08-08 03:59 PM
IV is organizing nationwide calls for its members that are taking part in the August 2009 action item. These calls will be providing our strategy and tips to everyone for the upcoming congressional visits. It is very important for everyone taking part in the action item to attend these calls.
==================================
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
==========================
Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.
Thanks
Team IV
==================================
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
==========================
Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.
Thanks
Team IV
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Lill
03-03 05:31 AM
so photoshop isnt alowed? Just wondering. if not ill just do it in Flash i guess
more...
simple1
02-15 11:37 AM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
mpadapa
02-16 10:29 PM
we sure can make that good news happen provided we all make the admin campaign a success. Can we??
I have a feeling some good news is round the corner this "Election Year". Lets all keep our fingers crossed for any improvements in the increase of Visa numbers.
I have a feeling some good news is round the corner this "Election Year". Lets all keep our fingers crossed for any improvements in the increase of Visa numbers.
more...
raghureddy
03-18 06:03 PM
The reason they said was they are doing the back ground check on the company. But i am on the payroll from the same company since last 4years...
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GCBy3000
07-14 01:57 PM
I can understand before 2006 and early 2007. What is the lame duck period in between.
more...
Bolt
04-23 11:48 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
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kumar1
09-22 11:11 AM
You get this kind of mental state only after spending 8-9 years here! Look at people with PD of 2007....trying to sue USCIS for interfile! It took 7 years for my wife to get EAD. Some of the H4s got EAD in less than 6 months. Am I going to sue USCIS? Hell No!
Life, Liberty and Pursuit of Happiness!
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.
Life, Liberty and Pursuit of Happiness!
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.
more...
conchshell
09-17 11:06 AM
Keep calling guys ...
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xbohdpukc
04-02 10:06 AM
You guys probably verified this already but -
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
more...
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scamp
04-21 01:13 PM
I know how you feel but Im sure your time will come, our application is in Texas Service Center also and we are current since March and I was expecting that it will be approved in November but thank God my husband received an approval email just today. Forget about their processing dates it was never followed in our case, our I-140 was supposed to be approved december last yr but we got approval notice last October, our receipt notice for I-145 is June 20, 2007 but we got approved today.
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
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kaizersoze
03-21 12:32 PM
just noticed up the thread that there was a conf call held already. pankaj,
could you pls share the details.
could you pls share the details.
more...
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hydboy77
10-07 06:19 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:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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peer123
04-09 04:34 PM
Hi,
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.
Thanks
peer123
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.
Thanks
peer123
more...
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kranti_veer
08-13 01:52 AM
looks like vldrao got his GC and took a hike ;)
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
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cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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H1Girl
10-13 02:52 PM
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
paskal
08-05 11:51 PM
the number 75K by 7/27 came from USCIS not Pederson
sparklinks
09-23 09:09 AM
Did anyone get reply/response from this after emailing ?
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