Turtle Tattoo Designs

This is the website to check labor status at the BEC.

http://pds.pbls.doleta.gov/

My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.

very sorry to eahr that.....did urs get approved yet

The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:

I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

1. Earthquakes
2. Shooting stars and
3. USCIS

Added another stamp - see first post.

cool. i was not able to find it

Hi,

My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.

Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.

So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.

So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).

Here are some of the benefits my company provides to its employees:

1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.

We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.

My concerns:

My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:

a. Filing h1b extensionfor first time is a problem? can there be concerns?

b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?

c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.

d. Shall we file for my extension asap ?

I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.

Any comments would be greatly appreciated.

Regards.

My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.

It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL) regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)

As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..

The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.

With same employer could definitely trigger audits from both DOL and USCIS!!


Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

Any input is welcome.


Thanks,
Sunil

mine took 2 weeks in Vermont.. or wherever they moved it to. My friends took 1 week from houston.

You dont have to answer that question. They have all your records, just provide your A# and they will find out.

I chose to answer the questions with * only which are required fields.

Thanks

Thanks for the information. On november 9, 2007, I called using other options and CSR level 2 took my data to begin a report. Today, I followed your instructions to check if there was a more effective way to obtain an aswer, but I am really dissapointed. CSR used my name to look in their system. The only thing that she could found was my H visa application. She never mentioned that there was an investigation due to my call of november 9. Finally she just asked me to wait 30 more days, and neven mention the option to place a report.

That is not true. It CAN count... according to PERM guidelines (from murthy.com):

"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

Also see this:

http://www.simmonsungar.com/rirchecklist.html

"Experience Gained on the Job

PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


Interesting! Thanks for the correction

Hello Guys,

I was wondering if any one of you have any estimated time for FP notice from TSC?

My 485 ND is August 27 from TSC (case originally filed at NSC on July 2nd which later got transferred to TSC) but haven't received any FP notice yet. Is TSC slower in issuing FP notice?

Also, I believe that it may depend upon the ASC office situation as well. I am from NJ so may be Newark ASC must be "overbooked" now for FP.

Any ideas? Thanks.

LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.

I understand this is your first post but..This question looks more demanding than a request for suggestion ...

totally agree on that. i was about to say the same but thought may be some people cannot communicate properly in english and thats y the "demanding" tone.

no, the thing is that if you want the text to look good, you're gonna have to draw it yourself. or get some pixel fonts. or use verdana 9pt, and don't forget to alias the text.

If you have approved labor and 140, why you want to file EB2 perm?

1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.

All,

I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August

I filed on August 15th
No receipt notice yet as of Nov, 5, 2007

Anybody else in similar situation ?

My attorney received attorney's copy of 485/140 notices on Nov-14-2007. I didn't receive my copy so far as I had moved after filing my 485. However I used attorneys copies for filing my EAD etc.

They need to have EAD with no expiry. There is no reason for the EAD to expire except getting your GC. Same for AP.

How about getting DENIED a green card? That's the whole idea of having expiration on EAD - so that people can't extend after they have been denied. And getting the money, too. EAD fees are #1 money makers for USCIS.

hi, i sent you a private message..
good luck

Hello,

My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007

On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007

For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.

This is really urgent since I stand to lose out big time on an excellent job offer.

What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.

Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.

NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.

How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks