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Standard appeal dates clarification

Mar 16th 2010
Guys,

I have a basic question and apologize if it has already been posted/answerd. As per the icert website, the current processing of Standard Appeals is going for Oct 2007. Is this the priority date of the PERM application or when the appeal was filed.

Details of my case: Perm Applied in Oct 2007 , audited in Dec'2007 , denied in Sept 2009 and appealed in Nov 2009.

Appreciate your response.

Advice needed on PERM filing H1-B expiring.. Please HELP !!!!!!!!!!!

Mar 14th 2010
Dear friends,

I have approved PERM and approved I-140 from my previous employer under EB2 category. Unfortunately I have to change my job and my current employer is planning to start my PERM process. I have 16 years of education(eligible for EB2 category) and around 7 years of work experience.

My lawyer is planning to apply for PERM under EB2 category with Zero years of experience. I am looking for answers on why I have to apply with zero years of experience when I have genuinely worked. Will there be any issues if I include my work experience?

I remember my lawyer mentioning something about Specific Vocational Preparation (SVP).

Kindly assist me in providing your valuable inputs as my H1-B is expiring soon.

Kind regards.
Nag.

8 year of extencion and LC in process

Feb 25th 2010
I am a new person here in this forum and have a question.
I am under the perm since october of the 2008, actually is in process and my visa is on the 8 year .
My visa will expire in july of the 2010 and the company that I work for are having troubles now, I receive an offer of a diferent company, can I change my visa to the other company? that will give me troubles with my status here?
P.D. my LC is under auditing

Different Job Descriptions for H1B and PERM

Feb 19th 2010
Came in 2005 on F1 for MBA from India. Got H1B in 2007 as Financial Analyst. Transferred H1B in 2009 as Financial Manager. Job description for H1B transfer required Bachelors plus 2 yrs exp which is outdated (2004) because it is a senior position and now requires Bachelors with 5 yrs of experience. Co. wants to use the same H1B job description for PERM to stay consistent. I have masters + 3 yrs of USA exp + 2 yrs of Indian exp. I satisfy requirements of both the job description. I want to be in EB2. What are my options? The closest occupation I found on O*net was "Financial Manager" 11-3031.02 (Zone4 and SVP 7<8). Does this occupation qualify for EB2? Please help! Thanks.

Two Labor process

Feb 17th 2010
Hi,

I have two labors from two different employeers...

My labor from first employer has approved ...

now my qustion is can I apply for i-140 thru both ?

GC Application: Does labor show immigration intent?

Feb 14th 2010
Hi,

I know that there are 3 stages in a greed card petition, labor, I-140 and I-485. I want to know if applying for the labor shows immigration intent or not? Which stage actually shows the immigration intent? I have a genuine US based employer and in EB2 category (did MS from US).

Reason for asking question: In one year, I *might* decide to go back to India, stay there for 2 years and then come back again to US on F-1 to do MBA. I know that I will not get an F-1 visa if I have shown immigration intent earlier. If applying for labor (as part of GC process) does show immigration intent, then its bad news for my future F-1 application.

However, if applying for labor as part of GC does NOT show immigration intent, then I might as well go ahead, in case I plan to stay on in the US after one year.

Thanks for your help guys!


PS: how much time does it take these days to get labor approval?

Port Labor dates EB3 to EB2

Feb 12th 2010
Hello, I have/had EB3 labor under old processing with previous company dated 11/2004.
Now am with current company new labor dated 4/2008 and I140 approved on 7th year extension.

Can I port EB3 labor date 11/2004 from old company to current company EB2 labor dated 4/2008. If so, how is the best possible way.

Thanks
Nyc_Dude

Very Small Company and GC

Jan 22nd 2010
I just wanted to get some advice from experts here.

1. I was wondering if I join a company with 3 full time employees and 10 or so part time employees and consultants would create any issues for my GC.

All the people working there are born US citizens. So would there be any possibility of my GC getting rejected since its a small company?

2. In case if its not a problem, then could they use the H1B advertisement for the PERM advertisement, or should they advertise separately?

Thanks.

IBM 000-M60 certificate

Jan 21st 2010
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About the issue regarding to applying for PERM

Jan 21st 2010
I'm currently working as a non-teaching faculty at a university. I'm an Canadian with TN visa status. Because this is a tenure-track position and my employer would like to sponsor me to apply for permanent residency. According to my status, I'm qualified for EB2 PERM category.

Currently the process is underway. The job postings have been posted for 1 and a half month, and the deadline is February 15. Also my employer said I need to apply for this job. This is really confusing to me. Here I have 3 questions:

1. Do I really need to apply for my currently position?

2. If I need to apply for it, do I have to be interviewed by our employer as other applicants of US workers?

3. Can my employer fill the form for me now to apply for PERM regardless the deadline of the job posting has not reached yet?

Thank you so much,

Flynn

PERM ad and interview qus

Jan 19th 2010
All,

My employer has received couple of resumes in response to the ad they had put up for the PERM process. Would this be a deterrent in my PERM being approved?

i. If the candidates are not found suitable after the interview, would that help?

ii. What are the options?

Thanks.

EB 2 denial - need some options please -

Jan 13th 2010
Hi:

I got a denial for my PERM

The reason is mentioned below
"
The notice of filing for the Application for Permanent Employment Certification does not contain the address of the appropriate Certifying Officer at the National Processing Center with jurisdiction over the application. The appropriate address for the area of intended employment is "Atlanta Processing Center, H......... " etc..

my first question - who should have seen this --> my attorney or my employer ?

my second question - what are the possibilities that I have at this stage

I got my first h1 in 2005 through company A. I changed employer in 2007 as H1 transfer and the new H1 is valid till July 2010

Any help at this point will be helpful -

Thank You !

EB 2 denial - need some options please -

Jan 13th 2010
Hi:

I got a denial for my PERM

The reason is mentioned below
"
The notice of filing for the Application for Permanent Employment Certification does not contain the address of the appropriate Certifying Officer at the National Processing Center with jurisdiction over the application. The appropriate address for the area of intended employment is "Atlanta Processing Center, H......... " etc..

my first question - who should have seen this --> my attorney or my employer ?

my second question - what are the possibilities that I have at this stage

I got my first h1 in 2005 through company A. I changed employer in 2007 as H1 transfer and the new H1 is valid till July 2010

Any help at this point will be helpful -

Thank You !

Employer did not receive usernamer and password after PERM registration

Jan 9th 2010
Employer registered to set up employer profile to file PERM, waited for more than 2 weeks, and still did not get the username and password back via emails. Is this normal, how long does it take to the username and password back from DOL? Any advice?

Will qualify for EB2?

Jan 5th 2010
I received my bachelors degree in computer science in dec 2004 and started working as software developer on 20th Jan 2005 and have been continuously employed since then in various companies as software developer on h1b.

I will begin my new job as a software architect on feb 1st 2010 and was wondering if I can file under EB2? on 20th Jan 2010 I will have 5yrs of post bachelor experience, however I wanted to know what is the requirement to show I have 5yrs experience? also will 1st feb 2010 be too close to my 5yrs experience? I don't want to be screwed for couple of days here and there. What is your recommendation?

Will qualify for EB2?

Jan 5th 2010
I received my bachelors degree in computer science in dec 2004 and started working as software developer on 20th Jan 2005 and have been continuously employed since then in various companies as software developer on h1b.

I will begin my new job as a software architect on feb 1st 2010 and was wondering if I can file under EB2? on 20th Jan 2010 I will have 5yrs of post bachelor experience, however I wanted to know what is the requirement to show I have 5yrs experience? also will 1st feb 2010 be too close to my 5yrs experience? I don't want to be screwed for couple of days here and there. What is your recommendation?

9089 Timeline.

Dec 31st 2009
We had filled 9089 May 2009 and now its Jan 2010 more than 7 months have passed by without any update.

I would appreciate if anyone from the community can share his knowledge on this matter.

9089 Timeline.

Dec 31st 2009
We had filled 9089 May 2009 and now its Jan 2010 more than 7 months have passed by without any update.

I would appreciate if anyone from the community can share his knowledge on this matter.

Physician Immigration Question Quandry

Dec 30th 2009
I have arrived in the U.S in 2003 on a F-1 Visa and completed my master's degree in U.S . After that I have joined the Family medicine Residency program on a H-1 B visa and completed my residency. Earlier this year I have joined in a Geriatrics Fellowship program on H-1 B and will be completing it shortly. I have never been out of immigration status in the U.S.

I will have completed 3 Years on my H-1 B Visa and I received a job offer in a community hospital in a U.S government medical underserved classified area and will be joining them next year. The Hospital will be able to sponsor my greencard and h-1B Visa transfer.

My Question is as follows
1) I am from India since the EB immigrant visa quota is backlogged what would be the best course of action in terms of filing for a Greencard
a) EB 2 - 485 Perm Process
b) EB 2 - National Interest Waiver
c) EB 1 - (Would Geriatrics fellowship count towards this?)

Any suggestions on this the best way forward would be appreciated.

Physician Immigration Question Quandry

Dec 30th 2009
I have arrived in the U.S in 2003 on a F-1 Visa and completed my master's degree in U.S . After that I have joined the Family medicine Residency program on a H-1 B visa and completed my residency. Earlier this year I have joined in a Geriatrics Fellowship program on H-1 B and will be completing it shortly. I have never been out of immigration status in the U.S.

I will have completed 3 Years on my H-1 B Visa and I received a job offer in a community hospital in a U.S government medical underserved classified area and will be joining them next year. The Hospital will be able to sponsor my greencard and h-1B Visa transfer.

My Question is as follows
1) I am from India since the EB immigrant visa quota is backlogged what would be the best course of action in terms of filing for a Greencard
a) EB 2 - 485 Perm Process
b) EB 2 - National Interest Waiver
c) EB 1 - (Would Geriatrics fellowship count towards this?)

Any suggestions on this the best way forward would be appreciated.
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