vinkrish
10-07 05:55 PM
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."
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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chris
02-12 02:51 AM
Yes.. I did contacted to congresman office.
His office informed me that our cases are assigned to adjudicating officer.
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
His office informed me that our cases are assigned to adjudicating officer.
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
gk_2000
04-21 09:41 AM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
I heard Sugarland has good concentration of desis..
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
I heard Sugarland has good concentration of desis..
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aquarianf
06-25 10:22 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
Wait till 1st July. My friend who send his application on 29th May still waiting for receipt number but other friends who filed in June first week got their receipt number.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
Wait till 1st July. My friend who send his application on 29th May still waiting for receipt number but other friends who filed in June first week got their receipt number.
more...
eb3_nepa
04-13 11:08 PM
Thanks everyone. Please keep the updates coming :)
nozerd
11-15 12:02 PM
Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.
Also answer depends on number of questions.
1) What is your current nationality
2) Do you have expired H1 B stamp in your passport ?
Also answer depends on number of questions.
1) What is your current nationality
2) Do you have expired H1 B stamp in your passport ?
more...
GCBy3000
07-14 01:57 PM
I can understand before 2006 and early 2007. What is the lame duck period in between.
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roseball
04-04 03:25 PM
Good find...Something is happening...So GCs for most of us soon without the need for any visa number availability rule? One can only wait N watch...
Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...
Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...
more...
srkamath
07-12 08:52 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!
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purgan
09-18 11:54 PM
The Other Immigration
More information. May 7, 2006, Sunday
By CHRISTOPHER CALDWELL (NYT); Magazine
Late Edition - Final, Section 6, Page 15, Column 3, 876 words
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...
==
This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.
More information. May 7, 2006, Sunday
By CHRISTOPHER CALDWELL (NYT); Magazine
Late Edition - Final, Section 6, Page 15, Column 3, 876 words
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...
==
This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.
more...
pcs
06-01 01:53 PM
Core guys,
what do you say ????
what do you say ????
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MYGCBY2010
10-24 01:25 PM
Hi ,
I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..
Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..
Any inputs are highly appreciated.
Thanks..
I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..
Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..
Any inputs are highly appreciated.
Thanks..
more...
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ajcates
11-24 11:28 AM
I want the kawoosh one to win mainly because of the cool name.
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nashdel
04-09 08:10 PM
In my non professional opinion if your wife I 140 is approved then you should have a very low risk for any problem. If I 140 is not approved then you are taking a little more risk. If 140 is rejected, your EAD work might be invalid.
good Luck
good Luck
more...
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go_guy123
01-07 10:32 PM
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :confused:
It doesnt matter who is paying taxes or not. The immigration lobby is all about vote bank
and non-skilled immigration has the upper hand over skilled ones. The senate is still under democratic party and they will roadblock any immigration bill for skilled unless there is something for the "illegals" (more likely theey will try to attach Dream act)
It doesnt matter who is paying taxes or not. The immigration lobby is all about vote bank
and non-skilled immigration has the upper hand over skilled ones. The senate is still under democratic party and they will roadblock any immigration bill for skilled unless there is something for the "illegals" (more likely theey will try to attach Dream act)
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Maverick_2008
02-22 10:14 PM
I'm sure you know the logic why it goes backwards but your comment did bring a smile on my face. Isn't it interesting that arguably, the most progressive country is working backwards? :)
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
more...
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go_guy123
05-18 07:44 PM
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
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tnite
10-10 01:04 PM
Service request ?? What is that ??
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
Call USCIS and ask them to put in service request i.e internal investigation
Thenyou have to wait for 30-45 days for them to get back to you.
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
Call USCIS and ask them to put in service request i.e internal investigation
Thenyou have to wait for 30-45 days for them to get back to you.
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qualified_trash
11-15 01:27 PM
you have a expired I-94 and a h1B which is valid
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
gcgreen
12-08 12:58 PM
What is your Bachelors degree in? I know of folks who majored in Psychology but got an MS in Computer Science. I also "heard" of folks with a high school degree or History major who are sought after software engineers. It's a free country, the answer depends on your particular situation, skills and experience.
In particular: (1) what is your educational background, please be precise, and (2) what is your current work experience? again, "non-engineering" is very vague. please be precise.
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
In particular: (1) what is your educational background, please be precise, and (2) what is your current work experience? again, "non-engineering" is very vague. please be precise.
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
viva
01-31 11:13 PM
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
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