chanukya
05-17 11:43 PM
I think you are slightly off again. This clause pertains only to labor certification and has no relation to quotas as I understand. Remember that there is no such thing as an LC quota. So you still wait in line... Only gain is that the bar for labor is slightly lower because the employer has to show that they hired the best guy for the job as opposed to showing that no minimally qualified American citizen was available. ;)
US Masters and above exempt from quota...
Read this (Sec 514)
http://immigrationvoice.org/forum/attachment.php?attachmentid=56&d=1147880856
in conjunction with this ...(USCIS Section 201(b)(1)(8 U.S.C 1151(b)(1)
http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1225?f=templates&fn=document-frame.htm
US Masters and above exempt from quota...
Read this (Sec 514)
http://immigrationvoice.org/forum/attachment.php?attachmentid=56&d=1147880856
in conjunction with this ...(USCIS Section 201(b)(1)(8 U.S.C 1151(b)(1)
http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1225?f=templates&fn=document-frame.htm
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guy03062
05-17 10:11 AM
Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.
Thank you very much in advance.
Thank you very much in advance.
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HereIComeGC
03-26 11:06 AM
I will go first: 50%
:p
:p
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NWISE
03-31 02:59 PM
If there is a loophole and it is being exploited, plug the loophole, not scrap the program. If my head hurts, I don't cut off my head.
And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
My 2 cents.
And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
My 2 cents.
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supers789
07-15 12:12 AM
When PERM was applied.
I was audited on 6/09 and Fragommenr 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.
I was audited on 6/09 and Fragommenr 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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satishku_2000
10-05 06:49 PM
Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...
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svr_76
06-12 12:50 PM
I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...
that eventually. .the CIS will resort to the best option they have....
They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).
that eventually. .the CIS will resort to the best option they have....
They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).
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optimist578
03-18 12:34 PM
Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
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prioritydate
03-27 09:58 PM
It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.
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gc_in_30_yrs
07-17 02:48 PM
IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...
Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.
Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.
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reddymjm
12-17 03:53 PM
New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
It is risky.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
It is risky.
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tonyHK12
01-11 09:28 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
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roseball
05-14 05:20 PM
Please review my ETA 9089, it must fit EB2.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
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laststraw
11-09 05:47 PM
I just went through PERM and I140, both of them approved without audit/RFE, where the requirement was Masters + 10 years experience. The job role required this. The requirement should match the job role and what the company would do if they are hiring a new person for the job.
And I believe someone had asked whether you have 7 years experience after obtaining masters. That is not required. In my case I had only 4 years experience after masters, but more than 12 years total. The job requirement stated that Masters + 10 years and not Masters + 10 years after masters.
Hope this helps.
And I believe someone had asked whether you have 7 years experience after obtaining masters. That is not required. In my case I had only 4 years experience after masters, but more than 12 years total. The job requirement stated that Masters + 10 years and not Masters + 10 years after masters.
Hope this helps.
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akred
06-03 02:17 PM
akred,
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
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gchopefull
10-02 04:14 PM
at TSC
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chandra140
08-28 11:09 AM
Hi,
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
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jnraajan
03-20 05:19 PM
The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.
If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.
The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.
Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.
Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.
It is true what you are saying, but only partially. The outgoing President cannot change the laws. He can only do what could be an administrative fix. So, lobbying for these administrative fixes is the campaign that we already started. Hopefully, The President can do that.
If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.
The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.
Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.
Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.
It is true what you are saying, but only partially. The outgoing President cannot change the laws. He can only do what could be an administrative fix. So, lobbying for these administrative fixes is the campaign that we already started. Hopefully, The President can do that.
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gemini23
07-27 10:23 AM
thanks for answering. I guess this is a stupid question, but i have one.
would the applicant need to have a job while applying for EAD renewal?
would the applicant need to have a job while applying for EAD renewal?
GC_1000Watt
12-15 11:42 AM
Answers in Red Ink Below....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
pd_recapturing
03-10 08:59 AM
How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.
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