widad2020
07-14 11:12 AM
not necessarily.Level III can also be EB2.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
aditik
07-24 02:15 PM
Paul Hastings in Atlanta Georgia is the firm handling my case; they are one of the biggest firms in the country and they are pretty thorough.
their website is www.paulhastings.com
I agree....They are our lawyers too and they are very prompt in answering your questions or queries. If you get your papers to them on time, rest assured they definately wont sit on it. Hope this helps. :)
their website is www.paulhastings.com
I agree....They are our lawyers too and they are very prompt in answering your questions or queries. If you get your papers to them on time, rest assured they definately wont sit on it. Hope this helps. :)
mohican
01-14 03:37 PM
I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
patha007
06-02 02:21 PM
My wife is on H4. She has applied for SSN for stimulus package and got denial letter. How will be useful this letter to get SSN for her. Please advice.
Thanks for your great help.
Thanks for your great help.
more...
migboy
07-23 05:48 PM
Just being paranoid, but is 797 the number for the "receipt notice" as well as notice of action? I know that when H1 or 140 is decided, the notice of action form is called 797. I know that the USCIS seems pretty clear in the FAQ, but just wanted to confirm that a receipt is also called 797
optimist578
04-10 07:03 AM
I am both surprised and grateful to see the response. I am open for any positions which require expertise in programming, design, research and analysis in Securities industry. I have PM-ed most of the folks here who offered help.
Thanks.
Thanks.
more...
ianlock
09-17 04:49 PM
oh.... i see....thats how it works...
got it
thanks.
I just wonder how long it will be untill EB3 ROW is current. ???
got it
thanks.
I just wonder how long it will be untill EB3 ROW is current. ???
coolfun
07-03 02:43 PM
When exactly did you submit your application? I just called a few minutes ago to ask about mine (which was submitted early May) and the guy said I should not be affected by this as I should already be well into "the process by now" meaning I should have already been assigned a visa. He spoke very very slow...so I don't know if he was 100% sure of what he was saying:confused:
My 485 application was also received my USCIS in second week of May '07. Does this mean that they have alloted visa number to me as well? I am confused :(
My 485 application was also received my USCIS in second week of May '07. Does this mean that they have alloted visa number to me as well? I am confused :(
more...
walking_dude
10-04 04:19 PM
They don't allow unpaid Commercial Advertising on these sites. Posting IV flyers can be construed as Commercial, even though IV itself is non-profit. I don't want them to ban my IP!
I think the best approach is to provide links to IV posts/forums, to drive the traffic here.
Flyers are ready - we can post flyers
I think the best approach is to provide links to IV posts/forums, to drive the traffic here.
Flyers are ready - we can post flyers
Alien
04-27 10:31 PM
Donated 100$
Transaction ID:2AR72078E3599144V
Transaction ID:2AR72078E3599144V
more...
sanju
04-10 08:37 AM
Dear Bigheart Sanju
3. You seem to be under the impression that IV got the visa-bulletin reversed??? Moses, wake up and smell the roses. The massive class-action lawsuit being pursued by AILA, the Silicon Valley lobby pressuring Zoe Lofgren, almost all immigration lawyers asking people to join the class action .. what about all of that? Do think your 25 bucks on the flower campaign is what got the bulletin reversed?
SERIOUSLY??
Thanks chanakya, I do have a big heart. But I understand where you are coming from. You joined this forum in Jun-08. You were not here in July-07. So did not see how things unfolded and what actually happened. I am in no mood to narrate and spoon feed it to you. If you think aila did something for you, then why are u arguing here on this forum and why do u want access to some donor forum. Why don't you go and join aila? If noone is even doing anything here, why do u want access to some useless forum. You don't think anyone has done anything or anyone is doing anything, right? Maybe you need to go to in the next annual convention of aila. Good bye.
.
3. You seem to be under the impression that IV got the visa-bulletin reversed??? Moses, wake up and smell the roses. The massive class-action lawsuit being pursued by AILA, the Silicon Valley lobby pressuring Zoe Lofgren, almost all immigration lawyers asking people to join the class action .. what about all of that? Do think your 25 bucks on the flower campaign is what got the bulletin reversed?
SERIOUSLY??
Thanks chanakya, I do have a big heart. But I understand where you are coming from. You joined this forum in Jun-08. You were not here in July-07. So did not see how things unfolded and what actually happened. I am in no mood to narrate and spoon feed it to you. If you think aila did something for you, then why are u arguing here on this forum and why do u want access to some donor forum. Why don't you go and join aila? If noone is even doing anything here, why do u want access to some useless forum. You don't think anyone has done anything or anyone is doing anything, right? Maybe you need to go to in the next annual convention of aila. Good bye.
.
Rb_newsletter
07-02 11:31 AM
Hello,
I am frustrated that I have to pay for an attorney for a mistake USCIS did and concerned what will happen in future when I proceed with their advice.
How about complaining to ombudsman about your situation?
I am frustrated that I have to pay for an attorney for a mistake USCIS did and concerned what will happen in future when I proceed with their advice.
How about complaining to ombudsman about your situation?
more...
harsh
03-17 11:11 AM
The option to file 485 after labor approval before priority dates become current is not present. It is not present in specter's bill either. It was present in S.1932 but current bills do not have that provision. I hope someone brings in an amendment to include this feature. This would help greatly for most of us.
gcandgc
05-21 11:45 AM
Hi Pappu
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
more...
newuser
03-05 11:13 AM
I am ready to pitch in my contribution
copsmart
01-23 11:38 AM
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
more...
chanduv23
06-12 03:37 PM
Commercial airlines fly between 25,000 ft and 40,000 ft. Airlines generally take risks for profits. I know it. Some airlines like United are ultra sensitive to turbulence. Some fly right through turbulence. And sometimes I feel some pilots are plain incompetent, they have no control over aircraft during the storm.
I have personally taken 500+ flights, almost 2 every week. And I can say, I get really nervous when turbulence or strong clouds are present. You are one second away from the big jolt or swing. A lot of times, it has been a roller coaster like ride. Now I would enjoy that once in a while. Sometimes I have seen big aircrafts like Boeing 757-300 series, flex, you see forward portion of aircraft going up and tail portion going down. But its required so that aircraft does not split up mid air. It can be a nasty thing for someone seated in the rear. Always always wear seat belt during turbulence, if it gets severe, you will hit the head on the ceiling. The turbulence during take off and landing is usually more risky as aircraft is closer to ground and can not afford to lose altitude. If it is at a higher altitude, aircraft can lose some altitude, due to "air pockets" and still be ok.
I was in a travel job earlier and I have faced all sorts of similar issues. There was this AA pilot onroute from ATL to ORD who once announced that thunderstorms are on the route and he took a different route claiming he had enough fuel and if not he will land in St. Louis foor refuelling, but he never had to.
I guess such decisions depend a lot on Pilots and their confidence and experience.
I have personally taken 500+ flights, almost 2 every week. And I can say, I get really nervous when turbulence or strong clouds are present. You are one second away from the big jolt or swing. A lot of times, it has been a roller coaster like ride. Now I would enjoy that once in a while. Sometimes I have seen big aircrafts like Boeing 757-300 series, flex, you see forward portion of aircraft going up and tail portion going down. But its required so that aircraft does not split up mid air. It can be a nasty thing for someone seated in the rear. Always always wear seat belt during turbulence, if it gets severe, you will hit the head on the ceiling. The turbulence during take off and landing is usually more risky as aircraft is closer to ground and can not afford to lose altitude. If it is at a higher altitude, aircraft can lose some altitude, due to "air pockets" and still be ok.
I was in a travel job earlier and I have faced all sorts of similar issues. There was this AA pilot onroute from ATL to ORD who once announced that thunderstorms are on the route and he took a different route claiming he had enough fuel and if not he will land in St. Louis foor refuelling, but he never had to.
I guess such decisions depend a lot on Pilots and their confidence and experience.
elliptic
05-11 11:06 PM
H1-visa holders with H4-spouses and children are not the only victims
of the SSN requirement:
http://www.msnbc.msn.com/id/24567987
(And serveral other newspaper. It is an AP story)
Unfortunately, the article doesn't mention the problem with the SSA.
-------------
It seems this was discussed already in other threads.
of the SSN requirement:
http://www.msnbc.msn.com/id/24567987
(And serveral other newspaper. It is an AP story)
Unfortunately, the article doesn't mention the problem with the SSA.
-------------
It seems this was discussed already in other threads.
snathan
08-20 08:09 PM
you can inform to branch manager or supervisor.
Check this (http://www.killsometime.com/Pictures/Picture.asp?ID=427)
Check this....:D
Check this (http://www.killsometime.com/Pictures/Picture.asp?ID=427)
Check this....:D
go_guy123
08-09 11:12 AM
Hi all,
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA.
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or Canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
Yes salaries and opportunities are greater in US. I am not denying that. Actually
an Indian family friend of mine here in U of T, his wife happens to be born outside
India. I always advice them to keep an eye on opportunities in US, GC is worth the hassle for him.
With 2 kids you get tax benefits from Govt. Yes its hard. But its even harder and risky with
H1B in US. Taxes are high and so I am now planning to work as sole proprietorship
, something that I am not allowed to do in US.
Socialist Health care can never be equal to privatized health care in US.
In Canada you pay in terms of wait times (but not as bad as the private insurance lobby is portraying in US nowadays)
But if it is non emergency and needs long waiting I can get that done in India as well.
Skilled immigration is closed for non IT managers now.
Actually US has lately liberalized the TN1 visa for Canadians. It used to be 1 year but lately increased to 3 years. As H1Bs are squeezed out of US, the demand for non H1B needing people will increase and that can benefit TN1 visa holders.
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA.
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or Canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
Yes salaries and opportunities are greater in US. I am not denying that. Actually
an Indian family friend of mine here in U of T, his wife happens to be born outside
India. I always advice them to keep an eye on opportunities in US, GC is worth the hassle for him.
With 2 kids you get tax benefits from Govt. Yes its hard. But its even harder and risky with
H1B in US. Taxes are high and so I am now planning to work as sole proprietorship
, something that I am not allowed to do in US.
Socialist Health care can never be equal to privatized health care in US.
In Canada you pay in terms of wait times (but not as bad as the private insurance lobby is portraying in US nowadays)
But if it is non emergency and needs long waiting I can get that done in India as well.
Skilled immigration is closed for non IT managers now.
Actually US has lately liberalized the TN1 visa for Canadians. It used to be 1 year but lately increased to 3 years. As H1Bs are squeezed out of US, the demand for non H1B needing people will increase and that can benefit TN1 visa holders.
nk2
06-13 08:39 PM
Great....
Way to go guys... I am very glad to be active member of IV.
I called some of my friends and they didn't know about the news.
IV keep is so well informed... Its like big family..
My labor is still pending, but I am so happy for all the IV members who can now appy for 485.
It feels like something good happened to members of my family.
Way to go guys... I am very glad to be active member of IV.
I called some of my friends and they didn't know about the news.
IV keep is so well informed... Its like big family..
My labor is still pending, but I am so happy for all the IV members who can now appy for 485.
It feels like something good happened to members of my family.
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