GoneSouth
09-07 12:45 PM
But how did you manage to justify that you have enough knowledge/experience for that job. Did you use any particular course material or project work or anything of that kind against some one who applied for your ad ?
In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.
you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.
In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.
you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.
gondalguru
07-08 10:47 PM
i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.
I will pm you regarding NIW thing
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.
I will pm you regarding NIW thing
amitjoey
03-18 04:24 PM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
tnite
09-30 02:58 PM
If you dont mind, can you please elaborate little bit more on this?
I worked on-campus and I did put that info on the g325 form. The AO wanted me to send any or all work authorizations, H1B etc for the period they had mentioned. I had to send my I20, OPT EAD explaining them that I worked on campus as an F1 International student.
I think putting in oncampus jobs really messes it up and they end up issuing a RFE thinking its illegal employment.
I worked on-campus and I did put that info on the g325 form. The AO wanted me to send any or all work authorizations, H1B etc for the period they had mentioned. I had to send my I20, OPT EAD explaining them that I worked on campus as an F1 International student.
I think putting in oncampus jobs really messes it up and they end up issuing a RFE thinking its illegal employment.
more...
Eternal_Hope
02-27 02:49 PM
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
GCwaitforever
07-14 06:37 AM
This is great news. :) This increases the chances of letting the bill fly through all the obstacles the House.
more...
vicks_don
04-18 10:34 AM
I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
Thanks.
Thanks.
rubinop
04-15 01:46 PM
You are not loosing anything. Continue on H-1B with current salary as long as it satisfies LCA made for H-1B petition.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
more...
immigrationvoice1
03-18 04:49 PM
I checked with my employer's immigration department. They said, revoking I-140 is not mandated by law however, revoking H1B is. I-140 was revoked primarily by my employers during the labor substitution days to pass on the underlying labor for the I-140 to another consultant once the original consultant left the company.
ilangocal
04-07 01:58 PM
I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards
Hi
Many thanks for your reply. So, am I correct in understanding that if I work with a consultanting company (my employer) and he places me at a workplace (physical presence) that happens to at a Not-for -profit organization, then this case would qualify to be a cap-exempt one?
How do you think I should go about confirming or getting more information regarding this?
Hi
Many thanks for your reply. So, am I correct in understanding that if I work with a consultanting company (my employer) and he places me at a workplace (physical presence) that happens to at a Not-for -profit organization, then this case would qualify to be a cap-exempt one?
How do you think I should go about confirming or getting more information regarding this?
more...
smileyslimey
11-30 01:42 PM
Thanks to everyone who responded.
Appreciate your advice.
regards.
Appreciate your advice.
regards.
ryan
04-29 07:45 PM
Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
more...
shortchanged
08-03 06:43 PM
From my experience None of these issues matter.
I had I 140 approved in 02/06, no A# on the approval notice.But before approval, I had an RFE on this I-140, with an A#, on that notice, the same A# I had used for I-485 application form.But when I got the I-797 NOA for this AOS, it had a different A#,(July2 '07filer).
When I did not get reciept even by August 16'07, I filed a 2nd I-485, eventhough many people including Ms.Murthy advised againt it.I just did not want to miss out the window of opportunity of July Fiasco.
So I have 2 485s pending,I did finger printing for the July2 filing, never got FP notice for the second filing.My wife and son did FP for both I-485s.
I too was worried about these things, and was expecting RFEs on all these and medicals etc.
But on 8/1/08, I have got CRIS email with 3 messages for Card Production Ordered for me ,my wife and son. I still do not know what shall I do with the 2nd 485.Also I have appointment for FP for efiled EADs on 8/5/08, which I may not go at all, if I get the snail mail tomorrow.
As usual there is no logic, pattern, predictability, rhyme or reason with USCIS business.I am just relieved for now that most of my major worries are on pause for now.
I had I 140 approved in 02/06, no A# on the approval notice.But before approval, I had an RFE on this I-140, with an A#, on that notice, the same A# I had used for I-485 application form.But when I got the I-797 NOA for this AOS, it had a different A#,(July2 '07filer).
When I did not get reciept even by August 16'07, I filed a 2nd I-485, eventhough many people including Ms.Murthy advised againt it.I just did not want to miss out the window of opportunity of July Fiasco.
So I have 2 485s pending,I did finger printing for the July2 filing, never got FP notice for the second filing.My wife and son did FP for both I-485s.
I too was worried about these things, and was expecting RFEs on all these and medicals etc.
But on 8/1/08, I have got CRIS email with 3 messages for Card Production Ordered for me ,my wife and son. I still do not know what shall I do with the 2nd 485.Also I have appointment for FP for efiled EADs on 8/5/08, which I may not go at all, if I get the snail mail tomorrow.
As usual there is no logic, pattern, predictability, rhyme or reason with USCIS business.I am just relieved for now that most of my major worries are on pause for now.
manish1905
10-07 12:34 PM
I got same audit in september as well
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs
Thanks for your info!!!!!
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs
Thanks for your info!!!!!
more...
logiclife
08-03 05:37 PM
I know what I did was wrong. But what should I do now?
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
bluez25
07-15 02:46 PM
My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..
more...
sheela
10-05 09:58 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
hi, Do you know: How recent, which nationality, when was his/her aos filed
Nothing makes sense.
Thanks
Senthil
hi, Do you know: How recent, which nationality, when was his/her aos filed
smuggymba
03-27 08:22 PM
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
not to judge you, but how did you manage to enter india? Do they allow it?
not to judge you, but how did you manage to enter india? Do they allow it?
rsdang
06-16 11:59 AM
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.
I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�
Please Please Please pick up that phone and call�
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.
I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�
Please Please Please pick up that phone and call�
foobar2001
03-10 11:07 AM
My 485 got approved 3 months back. Once the status showd "Card Production Ordered". Then changed to "Post Decission Activity". I received the Welcome lettter that i have been grnated permanent resident statusI called USCIS some 45 days back. They mentioned the card has been mailed and file another I-90 mentioning my card is lost. I told them i have not received it at all and asked why i need to spend money and file I-90 again when i did not receive it at all. They said file I-90, thats all. I took infopass appointment. The IO at infopass gave same answer. We mailed the card, its lost, we did not receive it back, file I-90.
I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.
I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.
Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)
I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.
I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.
Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)
wandmaker
02-26 05:37 PM
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out
(1) The reason for amendment denial
(2) Whether the employer is exploiting him due to his ignorance
(3) Whether the employer is abusing the immigration system.
BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out
(1) The reason for amendment denial
(2) Whether the employer is exploiting him due to his ignorance
(3) Whether the employer is abusing the immigration system.
BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.
No comments:
Post a Comment