ken
04-09 03:04 PM
I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.
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smartboy75
09-29 03:17 PM
Looks like an unique situation...no reply from anybody...
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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mayhemt
04-19 06:19 PM
'Reform Immigration for America' is organizing nationwide March for Immigration reform in all major cities on May 1. Although I am not affiliated with this organization, I think we have similar goals towards immigration reform.
We March for America! � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/march-index/)
IV Members,
Just wanted to bring this to everyone's attention..
I guess theres nothing to lose by joining this march, may be couple of hours & couple of gallons of gas... (Its on weekend and no travel/accomodation worries like DC rally). I am planning to join the one in Dallas, TX. I hope to see atleast some folks there..
Find a March � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/find-a-march/)
We March for America! � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/march-index/)
IV Members,
Just wanted to bring this to everyone's attention..
I guess theres nothing to lose by joining this march, may be couple of hours & couple of gallons of gas... (Its on weekend and no travel/accomodation worries like DC rally). I am planning to join the one in Dallas, TX. I hope to see atleast some folks there..
Find a March � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/find-a-march/)
more...
sr123
05-25 06:48 AM
sent
logiclife
07-11 12:32 PM
Then they have 2 choices:
1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)
2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.
1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)
2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.
more...
fatjoe
10-25 09:05 PM
I had a couple of appointments in Detroit in the past two months. Got to meet with two different IOs, who were cordial. At least told me that I was pre-adjudicated. But refused to dis-close any other info.
Anyhow, got CPO emails for me and and my son on Oct 22nd. My spouse's case is at Detoir office. Planning to go to Detroit tomorrow, to see what's up with his case. Is there anyone, who got approval from Detroit office.
Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.
Anyhow, got CPO emails for me and and my son on Oct 22nd. My spouse's case is at Detoir office. Planning to go to Detroit tomorrow, to see what's up with his case. Is there anyone, who got approval from Detroit office.
Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.
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bestin
05-15 10:20 PM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
more...
mohican
02-18 06:17 PM
raj 1998-i hope u realize that ur question/comment is not in synch with the theme for this thread. Please ensure that you post your questions/comment on the appropriate thread so as to be able to get some kind of response.
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indian111
10-12 10:10 PM
Myself and my wife were discussing on this and there are also some contradicting results from the vaccine.So a vaccine no long enough in the market , whose resukts not yet agreed completely by all the doctors shud not be mandated for anyone ,not just immigrants.
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yabadaba
06-24 12:41 PM
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
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dhirajs98
08-18 02:18 PM
sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
more...
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madan
01-11 11:05 AM
Thank You...
If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.
If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.
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hotscud21
11-01 10:48 AM
Thanks for the response.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
more...
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GC_SUCK
10-10 01:53 PM
I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
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pointlesswait
09-17 11:49 AM
if you can find such a company...nothing like it!
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
more...
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apb
08-08 07:50 PM
I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
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boston_gc
05-30 10:04 PM
Thank you everyone.
I did my share and sent the webfax.
I did my share and sent the webfax.
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GCVivek
05-13 08:26 PM
Diversity lottery numbers are deemed invalid due to computer glitch.
sk.aggarwal
02-15 05:35 PM
I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.
sunny02
08-18 01:35 PM
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
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