
dpp
07-21 09:12 AM
Yes, you are right. It shouldn't take years to make a decision even if it is complicated. I think they may be not working on those cases at all. That may be the reason, they didn't comeup with any decision. It will be good if DOL gives the operating procedures and comeup with fair action on what they are really doing.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
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swaroopmukka
07-19 02:52 PM
SVAM77,
I'm planning to file my 140 and 485 concurrently on the same exact day. Will there be any problem with USCIS accepting my 485 because I'm filing 140 also on the same day ??
Thanks
I'm planning to file my 140 and 485 concurrently on the same exact day. Will there be any problem with USCIS accepting my 485 because I'm filing 140 also on the same day ??
Thanks

cjain
07-21 07:16 AM
apply poltical pressure first. contact logfren
Thank you ksircar for your strong support. You are absolutely right and you have logically laid out the reason for the case well.
Now it is time for gathering more support and momentum for the case so that we could do something.
I am ready to contribute. So please others jump in and show your support.
Thank you ksircar for your strong support. You are absolutely right and you have logically laid out the reason for the case well.
Now it is time for gathering more support and momentum for the case so that we could do something.
I am ready to contribute. So please others jump in and show your support.
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achopra76
08-23 08:12 AM
hi everyone,
i wondered if someone could help me find answer to the following questions.
I am a Physician and currently in Residency program which is for 3 years. my residency ends on 30th September 2008 and i have H1b status. I have been offered Fellowship in my desired specialty but it starts on 1st January 2009, therfore there is a gap of 3 months between the end of my current job and beginning of my next job.
so my questions are:
1. H1 petition which I will file for my fellowship starting 1st jan 2009 would be an extension of my current H1 or would I have to file a new H1?
2. suppose I find a job for 3 months gap period at the same institution where I have got my fellowship (keeping in mind that decription of this job would be a little different from what i will be starting from 1st jan 2009), would i have to file for 2 different H1B petitions (one for 3 month period starting 1st oct 2008 and the other for fellowship starting 1 st jan 2009).
3.also, I was thinking that if I file for H1 approval say in july 2008 for the fellowship starting 1st jan 2009 and get approval by mid september 2008. with the approved petition I go back to India and have a vacation for 3 months and come back to US in late december 2008 on H1B again for Fellowship beginning 1st jan 2009. In this case, what would be my status for the gap period of 3 months that I spent in India?
also, would I be issued a new SSN when i come back again. also, i have heard rumors that US embassy in Delhi can hassle you to get H1. How true is that?
Is there any other option someone can suggest?
Thanks for your patient in reading my message
i wondered if someone could help me find answer to the following questions.
I am a Physician and currently in Residency program which is for 3 years. my residency ends on 30th September 2008 and i have H1b status. I have been offered Fellowship in my desired specialty but it starts on 1st January 2009, therfore there is a gap of 3 months between the end of my current job and beginning of my next job.
so my questions are:
1. H1 petition which I will file for my fellowship starting 1st jan 2009 would be an extension of my current H1 or would I have to file a new H1?
2. suppose I find a job for 3 months gap period at the same institution where I have got my fellowship (keeping in mind that decription of this job would be a little different from what i will be starting from 1st jan 2009), would i have to file for 2 different H1B petitions (one for 3 month period starting 1st oct 2008 and the other for fellowship starting 1 st jan 2009).
3.also, I was thinking that if I file for H1 approval say in july 2008 for the fellowship starting 1st jan 2009 and get approval by mid september 2008. with the approved petition I go back to India and have a vacation for 3 months and come back to US in late december 2008 on H1B again for Fellowship beginning 1st jan 2009. In this case, what would be my status for the gap period of 3 months that I spent in India?
also, would I be issued a new SSN when i come back again. also, i have heard rumors that US embassy in Delhi can hassle you to get H1. How true is that?
Is there any other option someone can suggest?
Thanks for your patient in reading my message
more...

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.

gk_2000
03-28 08:35 PM
Plainspeak.. I dont get mad at females... You have lots of time and sounds to me you are single. PM me your number we can talk and pass some time.
in case you are male.. still pass me your number.. we can still talk and fight.
No point in getting angry in forum. talk to me face to face.
and for snathan, i am not mad at him i just want to know his PD..
Well spoken bhishma pitamah... you do need a . to kill you and something tells me there is one around here
in case you are male.. still pass me your number.. we can still talk and fight.
No point in getting angry in forum. talk to me face to face.
and for snathan, i am not mad at him i just want to know his PD..
Well spoken bhishma pitamah... you do need a . to kill you and something tells me there is one around here
more...

needhelp!
11-16 12:44 PM
I totally understand the push from IV to encourage state chapters and build grassroots strength to this movement.
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
You must promote your state chapter by starting a thread and keeping it alive so those visiting the forums will know. (most people only look at latest threads)
Where is the link to your state chapter in your signature?
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
You must promote your state chapter by starting a thread and keeping it alive so those visiting the forums will know. (most people only look at latest threads)
Where is the link to your state chapter in your signature?
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justice4all
07-20 05:25 PM
I accept what risker says.. I am also one of the people with PD 2003 and waiting for the backlog center to send my ad instructions and my friends & neighbours with PD 2005 have all filed I140 & I485 with current fees and expecting their EAD and AP soon. Where is justice? I am in. Common guys pls. join risker.
more...

jackisback
02-25 06:55 PM
Me and my wife had each sent a letter on Feb 10 to the President and the IV PO Box. I did not see my id in the names of peeps who sent a letter.
Just posting here to make sure you guys got the copies I sent you.
Maybe my letter was not considered in the total sent so far and there could be others like me.
Just a thought...
Just posting here to make sure you guys got the copies I sent you.
Maybe my letter was not considered in the total sent so far and there could be others like me.
Just a thought...
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gsc999
04-25 10:16 PM
My contribution of $100 to the Recapture Drive. ID #9SC496742L7390206. This is in addition to $50 monthly contribution (already sent this month) and money spent to travel to DC for Phase II lobbying.
Together we will Recapture all the wasted visas. Go IV.
--
Inspiring.
g
Together we will Recapture all the wasted visas. Go IV.
--
Inspiring.
g
more...

GCRIDER
10-15 10:03 PM
Can anyone suggest a good lawyer based in N.J
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onemorecame
08-06 12:07 PM
You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
1. Get a Ph.D, get a job in a univ and apply in EB-1.
2. Get a MBA and get a management job and apply in EB-1.
3. Become a religious worker in some temple and apply in the religious worker category.
2) Get a MBA and get a management job and apply in EB-1.
Please describe which kind/feild of management job we need? is any management job in any IT company is fine orwe need within a some specific feild to qualify for EB1?
1. Get a Ph.D, get a job in a univ and apply in EB-1.
2. Get a MBA and get a management job and apply in EB-1.
3. Become a religious worker in some temple and apply in the religious worker category.
2) Get a MBA and get a management job and apply in EB-1.
Please describe which kind/feild of management job we need? is any management job in any IT company is fine orwe need within a some specific feild to qualify for EB1?
more...
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martiansoldier
07-21 03:42 PM
if you are a desi no reason for you to not know hindi mate....hamara bharat mahan
Well, I've got a few reasons.
1. I don't like the attitude that comes along with the people that speak it.
2. I just don't like the language.
3. I don't live anywhere close to a place where I must know Hindi to survive.
4. The Indian Constitution recognises English as a subsidiary official language.
5. If I have survived as long as I have without knowing Hindi, I'm sure I can survive without knowing Hindi for the rest of my life.
Thaai mannae vanakkam!
Well, I've got a few reasons.
1. I don't like the attitude that comes along with the people that speak it.
2. I just don't like the language.
3. I don't live anywhere close to a place where I must know Hindi to survive.
4. The Indian Constitution recognises English as a subsidiary official language.
5. If I have survived as long as I have without knowing Hindi, I'm sure I can survive without knowing Hindi for the rest of my life.
Thaai mannae vanakkam!
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needhelp!
02-10 12:28 AM
abhijitp & h4_hoping :)
I am also hoping for some tomorrow at a class.
Will update the letter counts on Monday. Buzz has it that IV has received ~1700 letters in the P O Box.
I am also hoping for some tomorrow at a class.
Will update the letter counts on Monday. Buzz has it that IV has received ~1700 letters in the P O Box.
more...
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coopheal
03-14 10:12 AM
It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
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rsrikant
07-20 10:38 AM
i am also on yahoo...
srikanth_vumma@yahoo.com
srikanth_vumma@yahoo.com
more...
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snathan
03-20 10:02 PM
http://www.murthy.com/news/n_immrum.html
Yes....Each employer must file for New H1B. But it does not invalidate the current H1B, untill its revoked by the employer.
Yes....Each employer must file for New H1B. But it does not invalidate the current H1B, untill its revoked by the employer.
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Hinglish
03-21 02:35 PM
Simply amazing ...
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
What the hell do u mean?
How many people in EB2 do a different job from EB3?
Most of the people in EB2 almost do the same programmer job. I have been in this country for a long time. I have friends who have done their MS from colleges like stanford, santa barbara. I don't see a difference in their role. I have more than 10 yrs of exp. I have worked in different roles too.
For jerks like u to come and talk abt people in EB3 being unskilled, makes me sick.
Shut the f*** up
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
What the hell do u mean?
How many people in EB2 do a different job from EB3?
Most of the people in EB2 almost do the same programmer job. I have been in this country for a long time. I have friends who have done their MS from colleges like stanford, santa barbara. I don't see a difference in their role. I have more than 10 yrs of exp. I have worked in different roles too.
For jerks like u to come and talk abt people in EB3 being unskilled, makes me sick.
Shut the f*** up
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needhelp!
02-15 11:08 AM
Very good! Hope to get some more today.
intheyan
06-26 02:32 PM
I don't know how to start a new post so place here....
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
sunny1000
09-22 11:32 PM
I guess the cat is out of the bag. Yes, I got my greencard a few weeks ago. Yes, my PD is early 2004.
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
First of all, congrats and hope you celebrated with Champagne! :):) I appreciate your dedication to this cause. I am sure others do too...
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
First of all, congrats and hope you celebrated with Champagne! :):) I appreciate your dedication to this cause. I am sure others do too...
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