ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
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gc_aspirant_prasad
11-14 09:13 PM
Bump
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Krilnon
03-29 03:29 PM
No you are not! ;)
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jliechty
February 11th, 2006, 09:08 AM
Mine shows this lightly under some conditions. It's not been a major problem for me, unlike what some overly vocal folks at another forum would like everyone to think, but I'll probably send it in to have it calibrated anyway.
more...
wandmaker
11-16 05:26 AM
You should apply for a renewal EAD six months before your original EAD expires. Check out this link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Hope this helps!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Hope this helps!
insbaby
08-24 12:34 PM
I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
more...
joolie1
02-08 09:38 AM
so my Perm Res Card = a Green Card?
What a relief!
(Can you tell I am wading through the murky immigration waters without a lawyer at the helm?)
What a relief!
(Can you tell I am wading through the murky immigration waters without a lawyer at the helm?)
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alterego
12-04 07:23 PM
Indeed. 140s are getting a lot of RFEs nowadays and are once again taking nearly a year. It is a brave soul that will avail themselves of the AC21 180 portability provision without an approved 140 petition.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
more...
solaris27
01-30 08:42 AM
You can work on H1B visa till you get FINAL approval or denial.
Whats your attorney openion?
Whats your attorney openion?
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MrWaitingGC
09-07 07:38 PM
There is no time limit of out of status.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
more...
mirchiseth
05-31 01:38 PM
I am in the same boat. All my applications and approvals in the past have been thru TSC. I submitted the EAD, AP renewals using efile today and got the same.
Wondering if some thing is wrong or USCIS has some new policy?
Wondering if some thing is wrong or USCIS has some new policy?
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greenguru
04-02 07:31 PM
Based on my experience i do not see any issues in your case
Ensure your EB2 and EB3 job duties are different at least 50%
Apply for PERM ASAP as it is only 7 months now..
Porting is good and easy.. give it a try...
Ensure your EB2 and EB3 job duties are different at least 50%
Apply for PERM ASAP as it is only 7 months now..
Porting is good and easy.. give it a try...
more...
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useriim
07-04 09:40 AM
Hello,
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
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Blog Feeds
07-23 11:40 AM
U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
more...
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gc_chahiye
10-12 04:34 PM
I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
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sath2000
07-17 04:46 PM
Hi,
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
more...
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andyny73
12-10 10:11 AM
Thank you for your reply.
Andrea
Andrea
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sukhyani
10-04 10:16 AM
Anybody? Any thoughts? Does it mean they are processing his case?
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grupak
11-15 01:29 PM
North Carolinians join us. Lets work together.
We had our first meeting, there are plans to meet local lawmakers. We need member participation.
We had our first meeting, there are plans to meet local lawmakers. We need member participation.
lostinbeta
10-13 12:49 AM
Are you making the layer at 50% opacity? if so, then that is why, because everything on that layer will be at 50%. So create a new layer and do the Stroke.
raydon
06-25 08:15 PM
Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
You should not have any issues travelling via Frankfurt to India with an expired visa stamp. I've travelled as recently as last month with an expired visa stamp.Returning to the US with a visa stamp or using advanced parole should be fine.
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
You should not have any issues travelling via Frankfurt to India with an expired visa stamp. I've travelled as recently as last month with an expired visa stamp.Returning to the US with a visa stamp or using advanced parole should be fine.
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