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Good idea. I gave highest rating. The video summarizes the issue for the candidates very well!!!

You are not alone�

This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.


How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a

But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC?

Great plan....i think i might recommend this to someone!

I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
The only Nikon flashes which provide full interaction with the D70 are the SB-800 & SB-600. Only these provide auto zoom head function, ISO from camera and TTL metering.
Hope this helps.PM

SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.

Friends... does anybody have some idea.

I thought in one of the recent memos it stated its the date when the application is mailed. I will try to dig it out.

As per my understanding here is how it is supposed to work

- One ONLY has to say whether he/she is Authorized to work for any employer in an unrestricted manner

- One ONLY has to say if he/she has a security clearance

- One ONLY has to say if he/she needs a visa sponsership now or in future

- Certain jobs may need that one has to be a US Citizen (not sure about this) - but there must be a valid reason as to why the job needs a US Citizen

Once an employment is offered, the employee has upto 72 hours from the day of joining to provide proof of work authorization and complete the i 9 form. The authorization must be original and the employer must verify this and take a copy and place it in the employee's folder.

Desi3933 or IV Attorneys - please pass on your comments.

This is very important because - due to economy, a lot of employers are coming up with arbitrary rules and applying arbitrary filters and will continue to do so as long as it is not challenged.

thanks again

OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

Don't let your emotions cloud your judgment.

Friends-
One of my coleagues just got another FP notice yesterday. Did any July 2007 filers got second FP notice this year ? Does it mean that things are moving ?Please share your views.

Admin-
Please delete this thread if it generates a lot of negative responses.

Thanks

If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????

If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

Do you guys think ? they might see this and enter it as received date ?

You answered your own question....If you are lucky then you will get it

hpandey,

Thank you for your reply. Yes, new H-1B comes with new I-94.

The new 194 should have a date...if u filed extension before expiry of previous 194...i dont see any problem.

I have heard of a couple of folks facing this unforseen delay- this happens when your case is audited.

My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP

Arkbird,
I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.

The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?

My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

You would agree that the majority of the July gold rush comes from two sources:

1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.

The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.

What about you? your PD is current right? any chance that you will get it soon?

Already got it....last September. Thanks for asking.

i missed the second part of your question.

i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.

Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.

Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.

Yes, everyone's numbers will be unique

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