yabadaba
07-23 09:52 AM
ne thots from core?
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."
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."
LostInGCProcess
11-10 03:56 PM
Hi forum users,
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.
Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.
Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.
pcs
04-15 01:36 PM
Tonne of jobs in IT sector. Apply through www.naukri.com.
Indian immigration system will not discriminate
All the best
Indian immigration system will not discriminate
All the best
more...
krithi
03-22 12:39 PM
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
sanju
11-20 11:09 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
more...
blacktongue
01-26 01:16 PM
Why more IT people from Andhra India?
gkaplan
07-20 01:04 PM
Hi there
thank you for the information you provided above. and congrats on your h1b.
my question is: i'm j1 and mu husband is j2, and he's been working with his ead for the last 4-5 years. we are subjected to 2 year HRR. in order for my husband to get h1b, we need the waiver. can he apply for the waiver independently? just like you did - independently from your j1 principal?
can his company apply for a H1B just after he gets the favorable rec. letter? or doeshe have to wait for the final decision from USCIS? or application for H1B with the fav.recom. letter is only ok if we are doing premium processing? because i get different answers from different lawyers about this. one says we have to wait for the final decision from uscis, one says different....
thank you.
thank you for the information you provided above. and congrats on your h1b.
my question is: i'm j1 and mu husband is j2, and he's been working with his ead for the last 4-5 years. we are subjected to 2 year HRR. in order for my husband to get h1b, we need the waiver. can he apply for the waiver independently? just like you did - independently from your j1 principal?
can his company apply for a H1B just after he gets the favorable rec. letter? or doeshe have to wait for the final decision from USCIS? or application for H1B with the fav.recom. letter is only ok if we are doing premium processing? because i get different answers from different lawyers about this. one says we have to wait for the final decision from uscis, one says different....
thank you.
more...
ashres11
10-12 04:16 PM
schedule on 27th October
R.D - 07/02
N.D - 09/26
R.D - 07/02
N.D - 09/26
santb1975
02-15 01:38 PM
We have two more weeks for this campaign.
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
more...
GC092003
04-18 11:33 AM
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
Please give me your advice.
jugunu64
09-27 03:33 PM
Question:
Quick question pertaining to different "A#" on I-140 & I-485. Is this a mistake by the Service or normal process?
I-140: A099 XXX XXX
I-485, I-765 & I-131: A088 XXX XXX
Attorney Response:
It is the I-485 A# that counts and we have seen this before without any apparent problem.
Quick question pertaining to different "A#" on I-140 & I-485. Is this a mistake by the Service or normal process?
I-140: A099 XXX XXX
I-485, I-765 & I-131: A088 XXX XXX
Attorney Response:
It is the I-485 A# that counts and we have seen this before without any apparent problem.
more...
tinku01
07-15 03:10 PM
MY PD is June 2004 at Delhi consulate. Lets see what happens. Hey any one could update about PCC (Police Clearance Certificate). if my date becomes current in Aug then would not have time to go to any US consulate to get the PCC.
In this case how we should get the PCC for consular processing:cool:
In this case how we should get the PCC for consular processing:cool:
fromnaija
07-11 03:24 PM
If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
more...
logiclife
04-02 10:15 AM
Somehow prove that you were undocumented(illegal) before Jan 2004 to claim that benefit.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
mmandal
06-08 12:18 PM
Chanduv23 wrong on both counts:
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
more...
n2b
07-17 02:12 PM
can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
hebbar77
09-20 10:03 PM
Atleast we see the green card at a distant horizon. People who want to start with PERM now are told by a lawyer that it might take a year for PERM alone, and upto 8 years before they see the CARRRRRD.
I just got my EAD. I will assume its my GC.
I just got my EAD. I will assume its my GC.
sangeethak31
07-14 08:53 PM
Thanks for the quick response...
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
pom
05-27 09:05 AM
The links page in Soul's site almost made me throw up, great work man :P
Madhuri
02-24 05:17 PM
You first need to apply for SSN based on your pending I-485 application.
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