mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
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ilwaiting
07-01 03:18 PM
Then looks like they have to review at least 94% of the cases they rejected.
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
go_guy123
01-15 11:51 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
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hoolahoous
10-11 11:50 AM
hi ,
Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong.
anyone can sue anyone for whatever reason. However that doesn't mean they will win. Also your case seems slam dunk for you in case they decide to peruse legal options. You did NOT sign any contract with them so there is NO breach of contract. Also you can tell them that you are going to report to Prime vendor that they knowingly misrepresented you (said they employed you whereas they did not). That will make sure that Prime vendor terminates all relations with middle vendor or does not give further business to them. Max middle vendor can do is sue your employer (most probably they signed a contract which your company is breaking) but that is not your problem. Don't be afraid.
Disclaimer: I am not a lawyer. Do not take this as legal advice.
Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong.
anyone can sue anyone for whatever reason. However that doesn't mean they will win. Also your case seems slam dunk for you in case they decide to peruse legal options. You did NOT sign any contract with them so there is NO breach of contract. Also you can tell them that you are going to report to Prime vendor that they knowingly misrepresented you (said they employed you whereas they did not). That will make sure that Prime vendor terminates all relations with middle vendor or does not give further business to them. Max middle vendor can do is sue your employer (most probably they signed a contract which your company is breaking) but that is not your problem. Don't be afraid.
Disclaimer: I am not a lawyer. Do not take this as legal advice.
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Suva
07-18 03:13 PM
As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current.
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
bindas74
01-17 06:15 PM
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
I think anti-immigrant groups are voting down on pro-immigrant policies. So, one should vote down on all anti-immigrant policies as well. Just voting up on pro-immigrantion policies wont help I guess
Please vote up on our causes! Easy job..but please act!
I think anti-immigrant groups are voting down on pro-immigrant policies. So, one should vote down on all anti-immigrant policies as well. Just voting up on pro-immigrantion policies wont help I guess
more...
raju123
02-09 07:44 PM
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
It is time for Fight to Finish !
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
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pyrosleepy
04-30 02:58 PM
Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
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fall1998
05-16 10:12 AM
So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).
I am getting a feeling that USCIS is really clearing out the backlog this time.
I am getting a feeling that USCIS is really clearing out the backlog this time.
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HRPRO
03-08 02:28 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
MSG,
Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.
1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.
2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.
I think one of these would not have satisfied the VO's questions and could have triggered the rejection.
The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
MSG,
Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.
1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.
2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.
I think one of these would not have satisfied the VO's questions and could have triggered the rejection.
The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.
more...
pappu
08-10 01:16 PM
Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
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saimrathi
07-11 02:55 PM
I'm sure there may be a lot of immigrants in CA due to the IT sector..
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Steve Mitchell
March 22nd, 2004, 01:45 PM
Actually they are very loose regarding cameras and fans. Can't say I've seen any L's on fans. I have seen fans with 10D's however.
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laksmi
01-10 12:03 PM
Based upon the situation AOS you can move to different employer without invoking AC21, if the employer may not revoke I-140, just continue to work with H1B if it is valid and make sure you are employed, if you get RFE from USCIS make sure you have good attorney to prove that you have moved to new company and there by invoking AC21, you may not get RFE this could be worst case situation.
more...
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Dhundhun
06-07 06:04 PM
At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
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sb0k
11-08 07:46 AM
hi..u forgot to add this
http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381
http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381
more...
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gc_relief
04-27 04:30 PM
Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..
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setpit_gc
08-13 04:15 PM
643 people viewed this so far but only 2 responded.
Please I need more views before I make decision
Please I need more views before I make decision
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Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
uimv
03-14 12:18 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Switch from H1 to EAD is done by filling out new I-9 form for EAD.
Switch from H1 to EAD is done by filling out new I-9 form for EAD.
gc_kosam
06-02 02:09 PM
Guru's,
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
Please Guru's share your thoughts.
Thanks in Advance
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
Please Guru's share your thoughts.
Thanks in Advance
