cleopatra
02-07 10:03 AM
My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
wallpaper Emma Watson. img source
ivar
02-12 02:00 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
gogreen39
07-24 06:53 PM
Thanks Canadian_Dream and mrcmic!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
2011 Emma Watson 14.
smuggymba
03-15 09:34 AM
L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).
Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).
Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.
more...
javadeveloper
10-21 10:54 PM
140 APPROVED.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
h1techSlave
10-04 12:42 PM
I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
more...
bipin
03-18 04:51 PM
LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
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outlook2
07-18 09:42 PM
They have not done any rejection yet. As per the recorded conference ( legal experts in the immigration ) they will accept all the application
more...
alterego
06-19 12:05 PM
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
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hpandey
01-30 11:45 AM
My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
more...
Dhundhun
06-06 01:48 PM
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
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nirupama.reddy90
01-21 05:11 PM
Your post is confusing. If you got laid off, how come you are on job as yet?
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
Hi All, Thanks for comments and suggestions.
I am sorry while i was writing my initial post i missed adding NOT,
"As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "
Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).
As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?
Sorry for getting u all confused with my first post.
Thank you
Niru
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
Hi All, Thanks for comments and suggestions.
I am sorry while i was writing my initial post i missed adding NOT,
"As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "
Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).
As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?
Sorry for getting u all confused with my first post.
Thank you
Niru
more...
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amitpan007
10-19 04:33 PM
These are the job codes from DOL and mine was 15-1031. I am in similar area Oracle Applications. Hope this helps.
15-0000 Computer and Mathematical Occupations
15-0000 Computer and Mathematical Occupations
15-1011 Computer and Information Scientists, Research
15-1021 Computer Programmers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1041 Computer Support Specialists
15-1051 Computer Systems Analysts
15-1061 Database Administrators
15-1071 Network and Computer Systems Administrators
15-1081 Network Systems and Data Communications Analysts
15-1099 Computer Specialists, All Other
15-2011 Actuaries
15-2021 Mathematicians
15-2031 Operations Research Analysts
15-2041 Statisticians
15-2091 Mathematical Technicians
15-2099 Mathematical Science Occupations, All Other
15-0000 Computer and Mathematical Occupations
15-0000 Computer and Mathematical Occupations
15-1011 Computer and Information Scientists, Research
15-1021 Computer Programmers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1041 Computer Support Specialists
15-1051 Computer Systems Analysts
15-1061 Database Administrators
15-1071 Network and Computer Systems Administrators
15-1081 Network Systems and Data Communications Analysts
15-1099 Computer Specialists, All Other
15-2011 Actuaries
15-2021 Mathematicians
15-2031 Operations Research Analysts
15-2041 Statisticians
15-2091 Mathematical Technicians
15-2099 Mathematical Science Occupations, All Other
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reachinus
07-14 12:14 PM
Receipt Number: lin0720551219
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
more...
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GCSOON-Ihope
11-02 11:47 AM
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
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Earned_GC
04-15 10:19 PM
What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?
more...
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sriramkalyan
04-02 03:40 PM
Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels
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kondur_007
11-09 02:54 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
I have an entirely different opinion than what is mentioned above; so please read carefully:
I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.
1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.
So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?
If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.
Good Luck.
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
I have an entirely different opinion than what is mentioned above; so please read carefully:
I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.
1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.
So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?
If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.
Good Luck.
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03-12 02:53 PM
Hi Meridian,
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VickIowa
12-28 10:55 AM
I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick
kriskris
07-31 09:34 PM
Dear All,
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Hi bijualex29,
Can you please confirm with your friend whether his 140 LUD (Last Update Date) changed or not. I want to know whether they check our 140 status before or after the data entry.
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Hi bijualex29,
Can you please confirm with your friend whether his 140 LUD (Last Update Date) changed or not. I want to know whether they check our 140 status before or after the data entry.
