copsmart
02-20 08:44 PM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
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NWISE
06-23 02:57 PM
It seems like earlier there used to be a certainty with the CIR. The news over the past few days is indicating that this certainty no longer exists.
As I have suggested before, does it make sense to close our eyes to all other options and just concentrate on CIR? If the CIR does happen, great! If not, what then? We're left empty handed once again. It would be prudent to continue to work on the smaller bills that will help alleviate the problems.
The way to go at this huge problem is to attack it piecemeal. Take small bites and keep furthering our agenda in small steps. Small successes will improve participation from this community, generate momentum and help our cause.
As I have suggested before, does it make sense to close our eyes to all other options and just concentrate on CIR? If the CIR does happen, great! If not, what then? We're left empty handed once again. It would be prudent to continue to work on the smaller bills that will help alleviate the problems.
The way to go at this huge problem is to attack it piecemeal. Take small bites and keep furthering our agenda in small steps. Small successes will improve participation from this community, generate momentum and help our cause.
martinvisalaw
06-29 10:32 AM
You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.
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michael_trs
05-13 03:35 PM
Smisachu, I agree, I need to add alternative education… thank you for your advice.
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
more...
chunky
07-26 03:14 PM
Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure
rajuram
01-15 01:47 AM
I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.
more...
GCOP
04-20 02:47 PM
I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.
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lostinbeta
10-20 02:44 AM
http://www.procreate.com/
You can find Painter 7 there. They have a trial... I might just download that :)
Anywho... I think painter is good for textures and things or something. David told me the difference before but I can't remember what exactly he said now.
You can find Painter 7 there. They have a trial... I might just download that :)
Anywho... I think painter is good for textures and things or something. David told me the difference before but I can't remember what exactly he said now.
more...
gc_kaavaali
05-21 02:10 PM
I really don't know...when i look at processing times...TSC done application until Feb 15th...last month it had Jan 29th...just moved 16 days...i don't know...i did e-filed may 9th...
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
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h1techSlave
01-07 02:56 PM
it is stoop, not stop :)
You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.
You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.
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Berkeleybee
05-24 12:35 AM
Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.
best,
Berkeleybee
best,
Berkeleybee
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REEF�
06-06 05:21 PM
Nice work vd...lol I only see one path...
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bondgoli007
07-17 03:13 PM
Response from my Fragommen paralegal:
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
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liorsal
01-14 02:53 PM
Only H1 reform is likely by feb 15th.
what about 485 relief????????
what about 485 relief????????
more...
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WaldenPond
12-31 08:51 AM
In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
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rameshvaid
03-12 09:45 PM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
congrats.. enjoy the freedom and keep praying for others in line..
RV
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
congrats.. enjoy the freedom and keep praying for others in line..
RV
more...
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eb3_nepa
07-20 09:01 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
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kaisersose
07-16 11:52 AM
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
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logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Pria
01-06 04:25 PM
Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
Best,
Pria
Best,
Pria
Life2Live
01-09 12:55 PM
Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
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