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dilbert_cal
04-06 02:03 AM
Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.
franklin
07-05 10:39 PM
If people want to send flowers, let them send flowers. I really don't see the point, but whatever
But please - do we need multiple polls and threads about this? How many of the 200 that are apparently ready (although this number differs on the 3 or so other polls, and countless other threads on this subject) have done actual IV action items?
Admins - please close this.
But please - do we need multiple polls and threads about this? How many of the 200 that are apparently ready (although this number differs on the 3 or so other polls, and countless other threads on this subject) have done actual IV action items?
Admins - please close this.
meridiani.planum
06-02 12:13 PM
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
skdskd
08-31 01:15 PM
Vote Yes
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
more...
Ann Ruben
06-25 10:51 AM
Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
waitnwatch
05-17 11:39 PM
The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?
I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.
I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.
more...
Xipe Totec
09-14 04:02 PM
I just _have_ to ask: what game was that?
renupond
10-09 04:35 PM
If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?
I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?
I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?
more...
perm2gc
08-30 09:38 AM
Immigration gurus, need your advice ASAP
my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?
I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .
my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .
I know that after approval I need to get visa stamp .
Your quick inputs will be highly appreciated
thank you in advance
You can travel back and forth until you have valid visa stamp.You can do it until 03/07.
my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?
I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .
my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .
I know that after approval I need to get visa stamp .
Your quick inputs will be highly appreciated
thank you in advance
You can travel back and forth until you have valid visa stamp.You can do it until 03/07.
21stIcon
09-21 07:11 AM
I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.
House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.
Salaries will go down all across board for most people, which could make less people to afford.
Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.
Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.
Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.
House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.
Salaries will go down all across board for most people, which could make less people to afford.
Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.
Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.
Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.
more...
EkAurAaya
05-22 04:54 PM
at the rate my lawyer is going, i will be lucky if it gets filled before June 30th! :D so rest assured I'm filing after 10th!
Kalidindi
07-26 04:30 PM
The PD was current in August 2005 for EB2.
more...
dixie
08-21 09:58 PM
The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
mr_aryan
10-19 01:50 PM
If the annonation says, you came to U.S for the liecensing exam & and you got any employment offer in correspondece to that after passing it.
I dont think it would be considered as a VISA fraud.
I dont think it would be considered as a VISA fraud.
more...
pappu
03-06 11:51 AM
Dear members,
If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.
We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.
Please note the fax number
Fax : (202) 403-3853
or email the scanned copy to info at immigrationvoice.org
Time is short and we need letters in the next couple of days if possible.
If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.
We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.
Please note the fax number
Fax : (202) 403-3853
or email the scanned copy to info at immigrationvoice.org
Time is short and we need letters in the next couple of days if possible.
zCool
12-21 09:49 AM
There are some companies that enter into agreements with ppl like that. Of course it is not legal and of course it's exploitative and predatory.. but depends what was decided.. If his employer offered with 100K on paper but talked abt this type of arrangement verbally (assuming he got sub labor at the same time ) it might make sense.. in any other case.. he's getting ripped off and better that he sues the employer.. merely credible threat of lawsuit should make the company pay..
more...
GCWarrior
04-16 02:25 PM
Hi Gurus,
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
venkatanathen@yahoo.com
12-08 03:51 PM
Hi,
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
Green.Tech
08-03 05:13 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
What was the reason of denial please?
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
What was the reason of denial please?
punjabi
10-23 03:50 PM
If you get laid off, find a company at a rate that will meet your minimum LCA wages requirement for H1B (W2) or EAD (I will approximate the wages mentioned in labor document). I think you have 30 days of buffer, but I will find something right away.
There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.
really need to know this based on the market situation.
There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.
really need to know this based on the market situation.
lj_rr
09-01 02:35 PM
Looks like there are mail and fax options.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
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