ckpas
08-12 06:12 PM
Hi,
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters or Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my emplyer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
my question: 1) Can this be considered as an error from the procesing center rather than my empr fault.
2) How severe this would be and what ud be the turn-over-time.
3) Do I need to reapply my PERM LC again.
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters or Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my emplyer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
my question: 1) Can this be considered as an error from the procesing center rather than my empr fault.
2) How severe this would be and what ud be the turn-over-time.
3) Do I need to reapply my PERM LC again.
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
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frost_oni
04-09 11:04 PM
the font is nice...though i quite doubt the filled 'p'.
other than that, it's good! :thumb:
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senthil1
06-02 09:07 PM
Every week 100 to 200 new H1b applications were submited. If it goes in this rate H1b quota will last whole year. It is a good development,
As of May 29, 2009, approximately 45,800 H-1B cap-subject (http://www.h1b.biz/lawyer-attorney-1137085.html)petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Since it is probable that there will still be H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) numbers available after June 30, U.S. employers should submit H-1B petitions for potential workers as soon as possible.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_update_jun.html)
As of May 29, 2009, approximately 45,800 H-1B cap-subject (http://www.h1b.biz/lawyer-attorney-1137085.html)petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Since it is probable that there will still be H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) numbers available after June 30, U.S. employers should submit H-1B petitions for potential workers as soon as possible.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_update_jun.html)
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chanduv23
09-17 10:13 AM
can you reword the title? I am not sure how that title is accurate given the background of how macaca was used: Sidharth (who was born and raised in the US, but is of of Indian origin) was called Macaca by George Allen because of the color of his skin. Getting a GC or not getting a GC does not change the color of one's skin so it does not stop people from calling you a macaca...
Admins can change the title - but I guess the title does not hurt - it wakes up people to what reality they live in and pretend they don't care
Everyone to DC
Admins can change the title - but I guess the title does not hurt - it wakes up people to what reality they live in and pretend they don't care
Everyone to DC
more...
saileshdude
09-03 03:53 PM
Sohilbt,
What is the method of contacting them ? Do I call them or send some fax. Also is there any specific person I need to contact in their offices? Can you give details about how to contact them?
Thanks.
What is the method of contacting them ? Do I call them or send some fax. Also is there any specific person I need to contact in their offices? Can you give details about how to contact them?
Thanks.
Ann Ruben
05-27 05:41 PM
There is no equivalent non-immigrant visa to an E. However, in some circumstances, an H-1 or an L-1 visa might be possible based on professional or managerial position with the US enterprise in which an investment is being made.
more...
RNGC
04-07 04:54 PM
If USCIS cannot handle 1 legal million immigrant applications, how they are going to manage 12-20 million applications by the illegal aliens...its going to come soon...
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shan74
12-10 01:51 PM
Did anyone applied for I-140 in September 2006 and still waiting for approval.
more...
REEF�
05-30 03:58 PM
Because the number 28 is f***ing useless.
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mirage
07-08 12:59 PM
Guys,
I think we should start a new campaign be it a flowers campaign or a simple card or Fax/letter campaign. But we need to start this ASAP. We should a 'Seek information' campaign. Each of us write letters and faxes to DOS and USCIS and request them for this.
In May'07 the DOS moved forward the visa dates by 2 years for almost all categories. What if USCIS received more than 140,000 applications enough to exhaust 2007-2008 quota in that case Visa dates will either won't move or may move 1-2 months through out the next year. And we like fools will keep watching the Visa bulletins just to be disappointed each month.
Now since USCIS have already receipted (or will soon do it) all the June applications, they should be in a position to release the infomation on how many applications they received for each category and for each country. We will request both the agencies to work together and release some kind of statistics some predictions like what they expect for Sept visa bulletin and further. We are living in dark and information like this will give us some insight and will let us plan our careers. Until we press them for information they won't release anything.
Guys please think about this seriously, I think this is the need of this hour.
Thanks
I think we should start a new campaign be it a flowers campaign or a simple card or Fax/letter campaign. But we need to start this ASAP. We should a 'Seek information' campaign. Each of us write letters and faxes to DOS and USCIS and request them for this.
In May'07 the DOS moved forward the visa dates by 2 years for almost all categories. What if USCIS received more than 140,000 applications enough to exhaust 2007-2008 quota in that case Visa dates will either won't move or may move 1-2 months through out the next year. And we like fools will keep watching the Visa bulletins just to be disappointed each month.
Now since USCIS have already receipted (or will soon do it) all the June applications, they should be in a position to release the infomation on how many applications they received for each category and for each country. We will request both the agencies to work together and release some kind of statistics some predictions like what they expect for Sept visa bulletin and further. We are living in dark and information like this will give us some insight and will let us plan our careers. Until we press them for information they won't release anything.
Guys please think about this seriously, I think this is the need of this hour.
Thanks
more...
sac-r-ten
04-27 10:50 AM
I had ask these questions on the attorney calls few months ago and this is what i got from it.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
- No, need to have approved I140 in your case.
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
- Cannot file H1 extension with that
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
- i think yes.
Please consult a lawyer to get reliable answers/second opinion.
Good luck.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
- No, need to have approved I140 in your case.
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
- Cannot file H1 extension with that
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
- i think yes.
Please consult a lawyer to get reliable answers/second opinion.
Good luck.
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ho_gaya_kaya_?
11-20 08:41 PM
Another rule of thumb is that if you do not know whether your date is current or not- then you are probably not current :)
j/k...
j/k...
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deecha
09-15 04:52 PM
I wonder what the ACLU will come up with :)
More business for them .... lol .. :-)
More business for them .... lol .. :-)
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Karthikthiru
10-02 11:27 AM
It is not just enough for you to have the qualifications for EB2. The job requirements also should have that requirements. So in the PERM application - the job requirements has to be specified. I think the lawyer messed up the PERM process
more...
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mayhemt
05-01 08:50 AM
For that matter, even Santa Claus, Tooth Fairy come in illegals... They work here without proper authorization. Worse, NORAD tracks Santa Claus with tax payer dollars without arresting Santa....
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munnu77
04-05 02:34 PM
Hi all,
My insurance company (Progressive) is charging a ridiculously high rate for liability only insurance for my H4 spouse who currently holds a valid permit. They say the rate will go further up when she gets a perm license after passing the road test.
I have heard this issue from other H1Bs who have different insurance carriers than mine.
Have you guys found a cheaper alternative? Insurance agents etc??
gchopes
i dont think tht has anything to do with ur/her status..u will have the same quote if ur a citizen of usa..it depends on things like ur/her crdit history, age driving history etc
My insurance company (Progressive) is charging a ridiculously high rate for liability only insurance for my H4 spouse who currently holds a valid permit. They say the rate will go further up when she gets a perm license after passing the road test.
I have heard this issue from other H1Bs who have different insurance carriers than mine.
Have you guys found a cheaper alternative? Insurance agents etc??
gchopes
i dont think tht has anything to do with ur/her status..u will have the same quote if ur a citizen of usa..it depends on things like ur/her crdit history, age driving history etc
more...
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va_il
04-03 11:39 PM
I have just gone thru March recording of IV lawyer call and the below caught my attention. Ms Susan mentioned that any company name change after I140 approval has to refile I 140. I am utterly confused as that particular scenario affect me and i would like to know what best course of action i can take at this point.
I filed LC and I 140 with company A
My I 140 got approved
Before i filed my I 485 my company changed its name
I asked my attorney at that time if we need to take any special action
Attorney said they can just add an amendment while applying for I 485 about name change and apply with approved I 140, which is with old company name.
I and my wife work on EAD for past 3 years and i am still employed with same company. I wonder which one of above attorney is correct and what i should do.
Does the fact that my I485 is pending for more than 180 days after approval of my I 140 will come to rescue in case of question about company name change (AC21)
I filed LC and I 140 with company A
My I 140 got approved
Before i filed my I 485 my company changed its name
I asked my attorney at that time if we need to take any special action
Attorney said they can just add an amendment while applying for I 485 about name change and apply with approved I 140, which is with old company name.
I and my wife work on EAD for past 3 years and i am still employed with same company. I wonder which one of above attorney is correct and what i should do.
Does the fact that my I485 is pending for more than 180 days after approval of my I 140 will come to rescue in case of question about company name change (AC21)
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January 3rd, 2005, 03:54 PM
Freddy I took some liberty here with your "cold shore" pic and added some filtering......just a quick go-around of a couple of filters (NIK) plugin.......(If I shud remove the post, please let me know)
http://www.dphoto.us/forumphotos/data/500/6coldshore2Medium_rg.jpg
http://www.dphoto.us/forumphotos/data/500/6coldshore2Medium_rg.jpg
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rajeshalex
08-15 09:05 AM
Hi,
Company B has applied for I-140 and 485 because you will work with them for a min of 6 to 12 months after getting GC.
So its not required for you to join them if they have already submitted I-140 and 485. You can say that you will join them after getting GC.
And if the 485 takes more than 180 days for the approval from the receipt date you can apply the AC21 portability rule and submit a new employment offer from anycompany and you can join that company.(Provided I-140 is approved and if I-140 is pending for more than 180 days then you can port the I-140 priority date by restarting the whole GC process)
Above is the knowledge I got from IV and google.
So u dont need to worry and join the company B, but keep them happy since they have to respond to all RFE till I-140 is approved.
Rajesh Alex
Company B has applied for I-140 and 485 because you will work with them for a min of 6 to 12 months after getting GC.
So its not required for you to join them if they have already submitted I-140 and 485. You can say that you will join them after getting GC.
And if the 485 takes more than 180 days for the approval from the receipt date you can apply the AC21 portability rule and submit a new employment offer from anycompany and you can join that company.(Provided I-140 is approved and if I-140 is pending for more than 180 days then you can port the I-140 priority date by restarting the whole GC process)
Above is the knowledge I got from IV and google.
So u dont need to worry and join the company B, but keep them happy since they have to respond to all RFE till I-140 is approved.
Rajesh Alex
Scythe
10-18 02:18 PM
Excellent work. Looks like that chicken spent a little too much time in the egg :grin:
gc_hanged
01-20 10:22 AM
I just posted our issue of Legal Immigration in "Discuss" section of this news at yahoo news. Because these Groups are only raising the issue of Illegal Immigration Reform.
Here is the direct link: http://news.yahoo.com/s/ap/20060120/ap_on_go_co/immigration_coalition;_ylt=Ais126qg1vwFi9n0Md63Vfq yFz4D;_ylu=X3oDMTA5aHJvMDdwBHNlYwN5bmNhdA--
Please highlight our cause in most popular media like c-span, msn news/blogs and many more
Here is the direct link: http://news.yahoo.com/s/ap/20060120/ap_on_go_co/immigration_coalition;_ylt=Ais126qg1vwFi9n0Md63Vfq yFz4D;_ylu=X3oDMTA5aHJvMDdwBHNlYwN5bmNhdA--
Please highlight our cause in most popular media like c-span, msn news/blogs and many more
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