GCBy3000
07-14 09:57 AM
Folks,
understand IV is a non-profit org and they are not full time employees of IV and getting paid for what they are doing. Entire IV active members and sleeping members are one team with set of goals.
Probably from my experience with IV activities I beleive IV would have known this news a week before. When we are talking about this, they might be working out a plan with QGA. Leave them free and let them do their job. It is not an easy task for volunteers. Each member is in different location and they have to co-ordinate etc etc. I do not know why people are DEMANDING from IV as if they are shareholders.
understand IV is a non-profit org and they are not full time employees of IV and getting paid for what they are doing. Entire IV active members and sleeping members are one team with set of goals.
Probably from my experience with IV activities I beleive IV would have known this news a week before. When we are talking about this, they might be working out a plan with QGA. Leave them free and let them do their job. It is not an easy task for volunteers. Each member is in different location and they have to co-ordinate etc etc. I do not know why people are DEMANDING from IV as if they are shareholders.
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roseball
10-07 06:30 PM
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
Desichakit
08-15 05:43 AM
Good you are online
2011 baby Baptiste Giabiconi.
tsarun11
07-12 05:33 PM
I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.
If I wish to change companies, how do I proceed - Is there a circumvent process?
If I wish to change companies, how do I proceed - Is there a circumvent process?
more...
americandesi
09-10 12:05 AM
Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..
Thanks.
Here's the form to complain H1 violations to DOL.
http://www.dol.gov/esa/forms/whd/WH-4.pdf
If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.
Thanks.
Here's the form to complain H1 violations to DOL.
http://www.dol.gov/esa/forms/whd/WH-4.pdf
If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.
ragz4u
04-13 10:07 PM
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
more...
gcsim
06-12 10:11 AM
Hi All,
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
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nlssubbu
12-08 12:17 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
more...
Soul
05-30 05:12 PM
:P
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superdude
07-17 10:41 PM
you are OK
more...
senthil1
06-11 05:35 PM
There may be two observations in this.
1. They may try to bring CIR one more time and pass in Senate or
2.They will make alive CIR talks till this year end. This will make sure that other piece meal bills like Skil, Agricultural jobs bill will not be brought for debate till CIR is alive
Second case is the best bet for numbersusa, alipac etc.
1. They may try to bring CIR one more time and pass in Senate or
2.They will make alive CIR talks till this year end. This will make sure that other piece meal bills like Skil, Agricultural jobs bill will not be brought for debate till CIR is alive
Second case is the best bet for numbersusa, alipac etc.
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gcdreamer05
11-10 03:59 PM
Well things are really tough out here (US), even volunteering is not allowed ...... :confused:
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
more...
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belmontboy
07-31 01:04 PM
I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
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nc14
05-14 09:10 PM
Thanks Guys, It is very reassuring to hear from you.
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w000f
05-19 12:30 PM
Good information but I feel that it doesn't matter anymore. Even if your visa number is up, your application will probably still sit in a warehouse while the acting director or whomever, keeps using the FBI namecheck backlogs to blind everyone of their inefficiency. :( Frustrated to a point of numbness.
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rbachu21
02-03 03:03 PM
Invincibleasian,
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
more...
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ivar
02-03 03:29 PM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
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jonty_11
08-13 06:40 PM
just read teh 3rd post above urs...phew!!! that was tiring wasnt it...
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amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
cox
November 2nd, 2005, 12:31 AM
Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't...
Yeah, but I respect the opinions of the web-browsing advisor more... :)
Yeah, but I respect the opinions of the web-browsing advisor more... :)