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.
nepaliboy
05-25 12:58 PM
this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
I had efiled mine few days before her and so
far nothing - only soft LUD's.
and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
i am wondering do you have LUd for i-485 or i-131 or i-140 ?
I had efiled mine few days before her and so
far nothing - only soft LUD's.
and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
i am wondering do you have LUd for i-485 or i-131 or i-140 ?
HV000
04-15 10:20 AM
CONGRATS! One more approval from TSC.
tnite
09-12 11:33 AM
Mine was delivered at 9.02 am July 2nd and signed by R.Mickels .
Checks havent been cashed.no receipts
Checks havent been cashed.no receipts
more...
GCOP
11-08 07:38 PM
There were many 245i applicants who filed under EB-3 category than EB-2 category. So EB-2 is less affected due to less 245i applicants and most of the problem is experienced in EB-3 categories.
We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.
We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.
Tantra
07-12 05:39 PM
^^^
more...
gcfriend65
01-19 07:44 AM
Mine was filed on May 01, 2006 EB-2 and I am still waiting. I has been close to 9 months now. I also logged in an enquiry 35 days ago, but still no reply. Worried as what to do. Do, I convert to Premium?
superdude
07-27 03:46 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
more...
telekinesis
10-14 07:22 PM
Thanks again! You should get a www.deviantart.com account, I am sure you would get some nice feedback!
vivache
11-08 07:29 PM
1. I would like to believe that all visa numbers include the dependents etc .. since USCIS has the numbers.
2. At the same time .. maybe 245i is kicking in .. else the priority dates would be different
The only thing I'm not clear about is this:
Is 245i only affecting eb3 and not eb2?
And also from the answers it looks like, inspite of uscis making the numbers public .. it doesn't help us make a prediction
2. At the same time .. maybe 245i is kicking in .. else the priority dates would be different
The only thing I'm not clear about is this:
Is 245i only affecting eb3 and not eb2?
And also from the answers it looks like, inspite of uscis making the numbers public .. it doesn't help us make a prediction
more...
kris101
07-25 12:11 AM
Dear psaxena,
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
reachinus
10-02 12:33 PM
If she enters in H4 her H1 is gone. So be sure if she wants to enter in H4.
more...
ash0210
05-03 04:34 PM
I concurr anirudh74...this fellow is replying every mail and now bit annoying..Directing forum members on..whats good, what not to do, and what to do...
janakp, why do you have to post your stupid reply to every single post.You are acting like a policeman at stoplight, trying to direct everyone.
janakp, why do you have to post your stupid reply to every single post.You are acting like a policeman at stoplight, trying to direct everyone.
BECsufferer
08-27 03:56 PM
11411 E. Jefferson Ave. Detroit.
If you schedule an infopass, the address will be their.
How long was wait? ... I reached 4 mins before so total was 5 mins.
If you schedule an infopass, the address will be their.
How long was wait? ... I reached 4 mins before so total was 5 mins.
more...
imind
03-12 03:54 PM
JUST REQUEST ONLY:
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
sac-r-ten
04-23 10:53 PM
your case is different than others on this thread. while other have expiring passport yours is a mistake by USCIS.
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
more...
spicy_guy
10-04 12:03 PM
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . 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. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Breaking the line of contract: What contract? Did he mention that? Also, why does he want to sue you?
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . 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. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Breaking the line of contract: What contract? Did he mention that? Also, why does he want to sue you?
gk_2000
05-20 05:31 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss
das0
06-22 10:04 AM
Thanks.
In that case, she will not use the EAD and work on EAD. but wait until Oct 1, 2007 and then start on H1B only.
I was told that there is a potential worry about timeline renewal of EAD and interim EAD will be frozen until further notice?
In that case, she will not use the EAD and work on EAD. but wait until Oct 1, 2007 and then start on H1B only.
I was told that there is a potential worry about timeline renewal of EAD and interim EAD will be frozen until further notice?
dbevis
January 31st, 2005, 07:29 AM
Solitary 2 would have been a very strong shot if you'd been able to do two things:
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
webm
05-12 10:00 AM
Congrats!! you both..
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