javanmard
03-22 10:01 AM
Thanks B, how long did it take for u? I need to go to my home country for some urgent work, so worried a lot. was it in California service centre?
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estrela21
02-09 12:03 AM
thank you,,,,i will..
have a good night
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alex99
10-01 11:32 AM
Friends,
How to know if our name checking process is done without any issues?
Regards,
Alex
How to know if our name checking process is done without any issues?
Regards,
Alex
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GCBy3000
09-19 07:16 PM
I have heard such cases and as per law, you are responsible to bring it to the USCIS notice about their mistake. Since you have one more month left, it is better to work with your attorney to iron out this issue. Make sure you bring this to UCSIS notice.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
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hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
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."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
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."
GCard_Dream
04-27 04:12 PM
Do you have a link to the news or the bill itself? If so, would you please make that available.
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chanduv23
06-06 11:34 PM
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
If you are using AC21, why falling into this consulting trap again? Unless they find you a project, why go behind them? Doing a h1b transfer through a consulting company may look like a safety net but it obviously has its own set of problems. AC21 works just fine and one need not worry too much about it. A lot of people using AC21 and want to work on contract jobs actually contract out through their own corp.
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
If you are using AC21, why falling into this consulting trap again? Unless they find you a project, why go behind them? Doing a h1b transfer through a consulting company may look like a safety net but it obviously has its own set of problems. AC21 works just fine and one need not worry too much about it. A lot of people using AC21 and want to work on contract jobs actually contract out through their own corp.
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th3thirdman
03-31 12:44 AM
ya no BABIES FOR ME! I just dont want to have a child
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gc_chahiye
11-13 12:11 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
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flexi
04-10 10:47 AM
Thanks, Raysaikat, I hired a lawyer and that's what they are referring to (see below - I guess i'm just posting this for other since you obviously know this).
From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.
I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????
From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.
I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????
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watzgc
02-11 03:29 AM
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Hi Diptam/NolaIndian,
I have quick questions,
1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
2. can I use EAD (from emp A) till I get my approval for employer A ?.
3. Can switch back to same h1b extension after received it ?.
thanks for ur time to reply.
Best of Luck
Hi Diptam/NolaIndian,
I have quick questions,
1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
2. can I use EAD (from emp A) till I get my approval for employer A ?.
3. Can switch back to same h1b extension after received it ?.
thanks for ur time to reply.
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amsgc
04-04 02:29 PM
BTW, what does OP stand for?
OP: Original Poster
OP: Original Poster
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dngoyal
07-27 04:31 PM
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
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logiclife
01-05 11:31 AM
There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
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wandmaker
02-18 07:01 PM
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Kudos to desi3933!
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Kudos to desi3933!
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
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IfYouSeekAmy
01-20 11:06 AM
EB3 kicks ass!!! So does EB2. :D
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wandmaker
11-05 09:10 PM
You dont need to pay the fees, as it is USCIS mistake - Send the new application form with a cover letter, you can send it yourself.
Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?
Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?
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rbachu21
02-03 03:03 PM
Invincibleasian,
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
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sr123
02-15 10:43 AM
There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
waitingnwaiting
11-29 02:43 PM
Any news on this?Will they give EAD?
Please ask the lawyer who said that and let us know if this is happening.
Please ask the lawyer who said that and let us know if this is happening.
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