logiclife
08-03 07:23 PM
Hi logiclife,
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
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humdesi
02-17 02:13 AM
There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
Theoretically there might be some spillover if EB-3 RoW doesn't get used. But with namecheck requirements lifted and EB-3 RoW advanced so early, I doubt there's going to be any spillover.
Bottomline - wait till Oct for EB-2 India. Big question is at what date will it open and how fast will it move. Well, we saw how EB-2 became unavailable even after retrogressing to Jan 2000. So not much hope of going beyond 2001, even after Oct....
Theoretically there might be some spillover if EB-3 RoW doesn't get used. But with namecheck requirements lifted and EB-3 RoW advanced so early, I doubt there's going to be any spillover.
Bottomline - wait till Oct for EB-2 India. Big question is at what date will it open and how fast will it move. Well, we saw how EB-2 became unavailable even after retrogressing to Jan 2000. So not much hope of going beyond 2001, even after Oct....
GCwaitforever
11-06 11:58 AM
I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
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chanduv23
02-26 09:23 AM
Where is the best place to learn Peoplesoft ? What is future scope of Peoplesoft ? Also where is a good place to learn SAP or Oracle Financials ?
Do local Univ or Community colleges - Computer Science or MIS departments offter these classes ? Does one need to learn C to learn these applications ?
My only prior programming experience is in Basic and Fortran languages eons ago.
A lot of Indian consulting companies offer training prior to marketing yoour resume. Check them out, some medium size ones, big ones have purchased training licences and fulltime trainers in ERP packages like Oracle Finaicials, Peoplesoft, Siebel etc... Though all these are now owned by Oracle.
A good way to enter IT as you have an MBA is try to get into Data warehousing. This woouldd involve a lot of Oracle traning and there are a lot of companies who give beefore they place you on projects. But remember that once you go through consulting companies, andd based on the fact they trained you and placed you, they will pay you a average deceent salary butwill charge the cllient tons of money and client would expect you to work for whhat he gives
Do local Univ or Community colleges - Computer Science or MIS departments offter these classes ? Does one need to learn C to learn these applications ?
My only prior programming experience is in Basic and Fortran languages eons ago.
A lot of Indian consulting companies offer training prior to marketing yoour resume. Check them out, some medium size ones, big ones have purchased training licences and fulltime trainers in ERP packages like Oracle Finaicials, Peoplesoft, Siebel etc... Though all these are now owned by Oracle.
A good way to enter IT as you have an MBA is try to get into Data warehousing. This woouldd involve a lot of Oracle traning and there are a lot of companies who give beefore they place you on projects. But remember that once you go through consulting companies, andd based on the fact they trained you and placed you, they will pay you a average deceent salary butwill charge the cllient tons of money and client would expect you to work for whhat he gives
more...
bidhanc
06-08 03:32 PM
Hi,
My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
I think mine went to Nebraska.
My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
I think mine went to Nebraska.
pd_recapturing
08-22 04:13 PM
"Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).
Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit
Why do u need them for gc ? Your 485 is already pending.
Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit
Why do u need them for gc ? Your 485 is already pending.
more...
hopefulgc
07-16 01:12 PM
this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!
Feed from my lawyer
Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
__________________________________________________ _______
Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.
Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter
Feed from my lawyer
Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
__________________________________________________ _______
Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.
Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter
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snathan
08-18 10:58 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
more...
bigsky
10-17 06:43 PM
I received a letter from BEC and it says
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
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thesparky007
06-06 02:44 PM
mine are not on there?
you are kidding
you are kidding
more...
Munna Bhai
08-05 01:56 PM
Hi Friend,
i have sheduled for interview in July,some how i couldn't make it that time.I have requested to postpond for 3 months.Are they assinged any visa for me ? Are they going to call me for interview after 3 month.Can anyone tell me are they going to call me ? Please answer . Thanks
please be more specific ,which interview??
i have sheduled for interview in July,some how i couldn't make it that time.I have requested to postpond for 3 months.Are they assinged any visa for me ? Are they going to call me for interview after 3 month.Can anyone tell me are they going to call me ? Please answer . Thanks
please be more specific ,which interview??
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SureShot
06-05 11:22 AM
You should all be very proud of yourselves.
These are the biggest pieces of S**T I have ever seen! Congrats!
These are the biggest pieces of S**T I have ever seen! Congrats!
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GCchakravyuh
07-13 11:43 AM
Dressing up professional makes utmost sense. Afterall they are dealing with 'professional legal immigrants' , not the illegal ones.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
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Queen Josephine
May 23rd, 2005, 07:38 PM
Bob, Exmoor I'm saving for a vacation trip (considering it would take me a day to just get there!)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
more...
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bigtime008
07-18 01:41 PM
I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.
Atlanta PERM Center belongs to DOL not USCIS
Atlanta PERM Center belongs to DOL not USCIS
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hello
11-29 01:52 PM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
more...
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pd_recapturing
02-09 08:39 AM
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
This is absolutely correct. I also was told the same from a few of my friends who are working in NCR.
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
This is absolutely correct. I also was told the same from a few of my friends who are working in NCR.
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glus
03-19 11:29 AM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
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BMS1
08-21 12:05 PM
Thanks
canleo98
02-20 06:49 PM
I don't think the data is right, though I can see my Labor filed under PERM and it shows status as 'Denied' but I have my labor approved and applied for I-140. Not sure why?
vikki76
07-05 03:05 PM
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
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