Thursday, June 9, 2011

pareja de enamorados

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  • hydboy77
    10-07 06:19 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"

    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

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  • cableching
    10-20 11:44 AM
    You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.

    My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.

    You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.

    I read it somewhere! Just take openion of a good lawyer, before taking such an action.

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  • amitkhare77
    08-26 03:04 PM
    Is this true? I think once you start using EAD your H status is imiidiately invalid. she needs to go out of the country and get the H1B stamped in order to work on H1b.

    She can always have the H1 in her back pocket for back up

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  • nozerd
    01-15 11:02 AM
    If you are not that serious about Canada and are cool with being rejected dont take the test. If they were ok with passing you anyways they wouldnt have specifically asked you to take it.
    IELTS is more widely accepted and has more centers in the US than the other test.


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  • GCSOON-Ihope
    11-06 12:31 PM
    Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?

    It is more a matter related to Department of Labor than USCIS.

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  • txh1b
    08-06 07:36 PM
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.

    1. Possibly can with a divorce.
    2. #1, can be considered automatically revoked if divorced.
    3. No


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  • bank_king2003
    04-21 11:29 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

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  • quizzer
    11-08 05:26 PM
    EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing


    Any updates?



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  • ibbu_arif
    11-17 05:21 PM
    Thanks "LostinGCProcess" { I apologize to call you by your userID :) }

    This give me confidence to travel even if I don't get my AP approved.

    I actually posted one more post asking my concerns about multiple security checks

    Can you please advise what in your opinion is the best thing to do.

    I know the security clearance timeframe is unknown, but how long does the PIMS check take?

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  • skagitswimmer
    June 7th, 2005, 08:00 AM
    Thanks again. What threw me was that even though the detail was blown there was lots of colour. It is not like when it gets blown to white by direct sunlight.

    The shot we are all talking about was originally in RAW, by the way.

    This is the time in a while that I have identified a problem that wouldn't be solved with a large expenditure of cash

    Current Status: Document mailed to applicant. [Archive] - Immigration Voice

    View Full Version : Current Status: Document mailed to applicant.


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  • waitin_toolong
    10-01 02:34 PM
    because these were actually approved and assigned a number when the dates were current, they just got around to mailing the approvals now.

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  • anindya1234
    06-01 03:25 PM
    I have already sent a link to this petition to my local Congressman and Senator. You can do the same...let other people know so that we can reach as many Senators and Congressmen as possible and convey our thoughts to them


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  • snhn
    06-13 02:53 PM
    Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.


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  • dilbert_cal
    04-27 12:37 PM

    PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.

    But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.


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  • chris9902
    06-09 05:43 AM
    how can you make a site that bad

    i can't make ground-breaking sites but i don't think my brain could make something that total ****

    SOUL all the way

    PS: love the midi can you send me it:-\

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  • joydiptac
    02-03 02:17 PM
    We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
    In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
    Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?


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  • qualified_trash
    08-28 10:08 PM
    What's needed is a pithy powerful message
    do you have any better ideas for a pithy and powerful message?
    Would be great if we can find a better way to get through our problems and frustrations.

    we ARE professionals and dignified individuals
    some of us are here working for more than 8 years
    Is it dignified to keep working for more than 8 years without a decision on our pending cases?

    We dont seek it as an entitlement
    Once again, to anyone who read the original thread that started this one, we are not claiming entitlement to getting a green card, but is it unreasonable to claim entitlement to a decision on already pending applications within a reasonable amount of time?
    8 years is not reasonable.

    And for the right to free speech on this forum, I wonder why the original thread was closed by the administrator.
    Is this IV's way of saying they do not support the boycott idea?
    Then why not state this explicitly?

    Otherwise, clearly the idea is controversial enough to get mixed reactions, and maybe by leaving it up a better idea can come out of it.

    IV's work is good and should not be undermined, but maybe we can supplement it by additional ways to get a powerful message across.
    how about contributing money to IV? that will help more than stirring up a hornet's nest about boycotts etc.

    as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.

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  • venky80
    06-16 04:35 PM
    Did you get any queries ever? I mean RFEs?

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  • rock945
    02-22 01:36 AM
    does anyone know what dates are currently processed for H4 to F1 conversion in CSC. Even though the processing time in website say Nov 20th, i knew of people who applied after that date but received their approvals.. just like to know what the "Real" Current processing dates are ..


    01-26 01:03 PM
    I don't dislike people from Andhra. I have close friends from Hyderabad.

    I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.

    04-01 10:05 AM
    Yes I was called for an in person interview and after the interview was told that the case is approvable. All the checks have been done and I just need a visa # to get the GC. I do not know how and why I was called for interview but I was the amonst the day 1 filer in July 2007. My application had reached on Jul 2 2007.

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