ItIsNotFunny
05-14 06:00 AM
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
Woke up too late! :)
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
Woke up too late! :)
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centaur
02-09 11:09 AM
Excellent idea.
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
usirit
11-21 12:24 AM
By the way, what "...You are from ROW..." means :o
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roseball
10-07 06:30 PM
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."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
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."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
more...
ineedhelp
07-22 11:45 AM
Hi All,
Thank you for your overwhelming response. I did spoke to an attorney and rightfully got sucked out with $$ but it gave me some peace of mind for sure.
1. His recommendation was that the maximum penalty in my case would be 10,000 $ + 2 months notice as given i my policy. Apart from this wipro cannot claim any more and again this could be challenged if asked for in USA but would work in wipro's favor if it is claimed in India.
2. But he did mentioned that many of other clauses could be challenged.
3. He also cautioned me that Wipro cannot be bounded to give my Experience letter :(
Bottom line is i'm ready to pay 10,000$ + remaining 4 weeks notice and get a clean exit. Yes some of you might argue otherwise but i thought from my personal perspective this is right decision as i have plans to get my GC processed.
@JRG, hope this helps u.
@reddyram,LONGGCQUE, gc28262, pagal, crazymonk ... I'm greatful to each one of you. @LONGGCQUE your specifc response was most helpful to me as it ideally match with my situation without any disrespect to others as each one of your suggestions have made to stand up against Wipro!!
Thanks Again.
ineedhelp (may be in future i will help as well!!! Time to change my user id :)
Thank you for your overwhelming response. I did spoke to an attorney and rightfully got sucked out with $$ but it gave me some peace of mind for sure.
1. His recommendation was that the maximum penalty in my case would be 10,000 $ + 2 months notice as given i my policy. Apart from this wipro cannot claim any more and again this could be challenged if asked for in USA but would work in wipro's favor if it is claimed in India.
2. But he did mentioned that many of other clauses could be challenged.
3. He also cautioned me that Wipro cannot be bounded to give my Experience letter :(
Bottom line is i'm ready to pay 10,000$ + remaining 4 weeks notice and get a clean exit. Yes some of you might argue otherwise but i thought from my personal perspective this is right decision as i have plans to get my GC processed.
@JRG, hope this helps u.
@reddyram,LONGGCQUE, gc28262, pagal, crazymonk ... I'm greatful to each one of you. @LONGGCQUE your specifc response was most helpful to me as it ideally match with my situation without any disrespect to others as each one of your suggestions have made to stand up against Wipro!!
Thanks Again.
ineedhelp (may be in future i will help as well!!! Time to change my user id :)
gchopes
08-04 04:04 PM
my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
more...
sledge_hammer
05-14 04:21 PM
^_^_^_^_^
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fide_champ
06-25 08:41 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
more...
eb3_nepa
04-17 05:04 PM
The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
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xbohdpukc
04-06 11:12 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
more...
linuxra
07-23 03:10 PM
I heard from some other people if they are in vsg their GCs are not getting approved as it is not @ our fault why we need to bear this...I am coming to conclusion that vsg case is affecting employees...any solution u are trying....
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tabletpc
11-30 12:41 PM
Just occured to me..
I am single now ..how does it work to add my spouse later..???
1. Before approval ..??
2. After approval..???
does it also take years to add spouse (like US GC) if i marry after my PR gets approved..???
Thans in advance...
I am single now ..how does it work to add my spouse later..???
1. Before approval ..??
2. After approval..???
does it also take years to add spouse (like US GC) if i marry after my PR gets approved..???
Thans in advance...
more...
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leoindiano
07-09 01:15 PM
Mine is TSC peding since May 2006.
Upgraded to PP on Jun 19th 2007, no updates yet.
Mine is TSC too...
Upgraded to PP on Jun 19th 2007, no updates yet.
Mine is TSC too...
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jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
more...
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Soul
05-27 05:27 PM
:P
dresses John Loughrey, a supporter of Princess Diana, poses for photographers
sabr
09-18 03:37 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
more...
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panky72
07-21 10:38 PM
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
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TheCanadian
11-26 12:58 AM
Yours is sweet by the way.
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nixstor
08-24 04:14 PM
Did you consider the 20k cap for Masters students? If they can plan to graduate in summer instead of spring they can safely use all OPT and get H1B with out pain. I know many guys who didnt use all of OPT (used half of it) and landed on H1B to be in status. I agree with the loan situation you mentioned though.
I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.
B T W Are you the same guy who was looking for Pre approved labor on the other site.
I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.
B T W Are you the same guy who was looking for Pre approved labor on the other site.
n2b
07-13 02:04 PM
SUIT OR NO SUIT, BUT
The question is, how will this rally look and feel different from illegal immigrant rally?
The question is, how will this rally look and feel different from illegal immigrant rally?
logiclife
12-01 03:33 PM
The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)
That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?
But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).
As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.
That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?
But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).
As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.
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