sparky_jones
06-02 05:09 PM
The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.
The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.
The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.
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bharani
04-03 09:26 PM
Yes, I got a similar letter last week. I posted about it earlier.
chna
07-01 09:56 AM
Thanks Nolaindian32 and prasadn for your advice. Will consider that option.
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jliechty
April 2nd, 2004, 10:42 PM
These aren't anything special, but I'm dying to post something while I try to make up my mind about what to do about getting my transparencies into the computer.
All taken with a Kodak DX3500, but I've not figured out how to do my edits in Photoshop without destroying the EXIF. :confused:
Please let me know what you think.
All taken with a Kodak DX3500, but I've not figured out how to do my edits in Photoshop without destroying the EXIF. :confused:
Please let me know what you think.
more...
Hello_Hello
10-29 09:13 AM
Your total withholding is $1400 or your difference with using 3 allowance or 6 allowance is $1400. Assuming you are talking about total. Your difference should be 300-400 a month. I am not justifying your companies attitude nor I am asking you to not take any action. But all I am telling you is it's not a big deal..personally I feel better when I get a chunk of money in Tax refund. But for that I have to wait one full year and deductions are $1400 more per month.
Blog Feeds
01-20 07:00 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
more...
kirupa
07-25 01:34 AM
Added! :)
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amsgc
08-22 12:00 PM
The scanned the bar code on the fingerprinting notice and asked to verify the A#, dob etc. that popped up on the computer screen. I think the receipt number was there too.
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
more...
acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
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vasudev19
04-09 06:34 PM
Thanks for the reply..I have one question ,can I sponsor my in-laws visa in such situation ?
more...
ponnuswamyp
09-28 12:21 AM
I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.
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revnet
October 24th, 2004, 01:34 PM
Thanks Rune, that helps a lot. I am still wanting to know if anybody else uses this camera in the studio. Maybe this thread could evolve into something that others can post what they use. Just a thought. So far it looks like a lot of Canon users. Which is cool... ;) Thanks again. I'll check those links out.
By the way, this is a great community. I have learned alot browsing the threads. Thanks to all that have contributed.:cool:
By the way, this is a great community. I have learned alot browsing the threads. Thanks to all that have contributed.:cool:
more...
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deardar
04-20 11:33 AM
I already have 3 yr approval Notice with me.
Would it not be enuf for me to transfer my H1 to a new company ?
Would it not be enuf for me to transfer my H1 to a new company ?
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user9
07-25 10:54 AM
Guys,
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
more...
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mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
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jchan
03-23 09:00 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
appreciate your answer.
appreciate your answer.
more...
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RDB
07-06 12:13 PM
EAD renewal usually takes 60-90 days.....however, you can look for the approx. timelines on https://egov.uscis.gov/cris/jsps/ptimes.jsp and look for the processing times for your service center.
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
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sunny1000
07-04 06:07 AM
Hello,
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
Hi,
Please check out this forum below as most of the members here are employment based applicants.
Lottery Visas - DV - ImmigrationPortal Forums (http://forums.immigration.com/forumdisplay.php?f=38)
Good luck.
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
Hi,
Please check out this forum below as most of the members here are employment based applicants.
Lottery Visas - DV - ImmigrationPortal Forums (http://forums.immigration.com/forumdisplay.php?f=38)
Good luck.
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martinvisalaw
04-09 02:07 PM
The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.
peppa
08-17 10:59 AM
HI
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
aim-high
03-25 08:34 AM
Hi
Thanks for your reply.
See according to the consulate, they say the following
passport or travel document valid for at least three months after visa expiry date
In this case, they mean the schengen visa expiration date. For example, if I am travelling from April 1 to April 20th, they will give me visa only upto April 20th. They want my AP to have expiration atleast 3 months from April 20th (which will be July 20th) but my AP is expiring on April 10th.
Thanks for your reply.
See according to the consulate, they say the following
passport or travel document valid for at least three months after visa expiry date
In this case, they mean the schengen visa expiration date. For example, if I am travelling from April 1 to April 20th, they will give me visa only upto April 20th. They want my AP to have expiration atleast 3 months from April 20th (which will be July 20th) but my AP is expiring on April 10th.
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