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senthil1
01-12 01:13 PM
You cannot use your Priority date if it is denied.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
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tnite
08-18 09:45 AM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
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pkv
06-07 01:59 PM
is there nobody with info/experience on this????
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GreenCard4US
03-15 01:15 PM
My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
If anyone has gone through this please respond. Thanks.
more...
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Munna Bhai
08-28 07:52 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
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go_guy123
07-30 02:10 PM
This memo is under litigation....lets see the outcome and where the memo stands.
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nashdel
04-06 11:26 PM
I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
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waitin_toolong
10-29 02:10 PM
Guys....
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
more...
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Leo07
12-27 03:09 PM
If you have your latest H1B approved, old Stamp is still valid. Just inform your attorney and take the papers that your attorney will pass on. Plus your employment letter+recent pay stubs, just the regular stuff.
Good Luck with your mom's health!
God Bless!
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Good Luck with your mom's health!
God Bless!
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
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vamsi_poondla
11-27 09:51 AM
Whoever invoked this please share your experiences, dos and donts.
more...
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kalyan
07-07 12:46 PM
Invite the Senators to this meeting.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
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div_bell_2003
06-22 12:43 PM
Your H1B extension has no value till 09/24/10 when it becomes active.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
more...
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ujayra01
05-10 08:03 PM
I did apply PIO for my daughter 3 weeks ago and it's still processing. This is NY consulate. The status simply says couple more days!
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gcseeker2002
07-23 08:57 AM
He is the one who says" Oops! I made a mistake" look at his screen name.. do you expect him to be right at all? :)
bush --> also voted yes .... please provide details
bush --> also voted yes .... please provide details
more...
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chanduv23
09-17 03:01 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
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gk_2000
05-15 09:57 PM
Most probably this is just an eye candy for us, to be eaten and excreted. But, I hope I am dead wrong!
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immm
08-10 02:04 PM
http://www.forbes.com/feeds/ap/2007/08/10/ap4009032.html
Associated Press
U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET
WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.
Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.
The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.
At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.
"Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."
The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.
"Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.
Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.
Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."
The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.
"This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.
Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.
In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.
The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.
Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
....
....
....
He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.
But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."
The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
....
....
....
Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.
Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
Associated Press
U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET
WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.
Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.
The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.
At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.
"Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."
The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.
"Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.
Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.
Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."
The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.
"This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.
Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.
In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.
The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.
Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
....
....
....
He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.
But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."
The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
....
....
....
Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.
Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
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sparky_jones
05-07 12:23 PM
Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
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wheretogo
12-08 11:55 PM
I am also in Minneapolis.
hibworker
11-04 11:02 AM
You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.
Hi,
My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying
the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.
Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).
Can some one please help me to find my case is wheather it is EB2 or EB3?
Thanks in Advance.
Hi,
My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying
the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.
Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).
Can some one please help me to find my case is wheather it is EB2 or EB3?
Thanks in Advance.
eastindia
01-20 07:46 PM
Who gives a shit about anti-immigrant websites?
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