
omved
05-06 02:20 PM
Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..
Radhay..no they haven't asked for any pay stubs..
Radhay..no they haven't asked for any pay stubs..
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abracadabra
07-06 11:27 AM
Hope others also ask some questions

sent
07-31 07:40 AM
Hi Gurus,
I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?
Thanks
-sent
I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?
Thanks
-sent
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chanduv23
03-20 03:39 PM
yes, looks like a lot of things are going on. before the bill hits the floor, a lot of workarounds, changes etc..... everything happening in closed doors
more...

kirupa
08-18 11:48 PM
If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!

martinvisalaw
03-16 04:27 PM
1) Since she doesn't have any paystub/w2, is it possible to do COS?
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
more...

immi_enthu
10-01 05:33 PM
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
Yes for new applicants it's wonderful. For old applicants it's double the money and double the time (to get GC counting time from the first time they applied for GC ) or even more time than the new applicants.
Yes for new applicants it's wonderful. For old applicants it's double the money and double the time (to get GC counting time from the first time they applied for GC ) or even more time than the new applicants.
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irrational
10-09 03:49 PM
Thank you overseas. Much appriciated.
I live in TX.. From the instructions it looks like I have to apply in TSC.
-Bipin
I live in TX.. From the instructions it looks like I have to apply in TSC.
-Bipin
more...

rbharol
08-30 12:31 PM
questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.
thanks
I think for EB2 it is appx 113K USD when GC is approved.
Correction:
perm2gc is right. I am talking about California.
thanks
I think for EB2 it is appx 113K USD when GC is approved.
Correction:
perm2gc is right. I am talking about California.
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pappu
07-28 11:29 AM
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
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pmamp
07-13 09:41 AM
Done.
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diqingshen
07-11 02:09 PM
From my lawyer:
We are being told that they are holding all of them for now. We are unsure
where this will land because of congressional pressure and lawsuits that
will be filed. We are still waiting to get more answers about what
immigration plans to do.
We are being told that they are holding all of them for now. We are unsure
where this will land because of congressional pressure and lawsuits that
will be filed. We are still waiting to get more answers about what
immigration plans to do.
more...
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GCDream
07-13 08:50 AM
Done
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InLineOnLine
03-10 08:38 PM
Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.
Regards.
Regards.
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snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
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ASingh10
07-26 09:16 AM
Thank you all for your replies.
ASingh
ASingh
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milind70
07-26 09:45 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes
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Hinglish
03-05 03:04 PM
No worries ... this bill aint going no where .... it is just a political ploy to corner Dems and force them to take a harder stance on immigration
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TamilSelvan
03-16 12:01 PM
My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.
Our questions are
1) Since she doesn't have any paystub/w2, is it possible to do COS?
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
3) How long does it take to complete the COS if done by PP.
4) How much risk does this case carry/what are the issues she could face?
Really appreciated your valuable answers
Thanks in Advance
TamilSelvan
Our questions are
1) Since she doesn't have any paystub/w2, is it possible to do COS?
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
3) How long does it take to complete the COS if done by PP.
4) How much risk does this case carry/what are the issues she could face?
Really appreciated your valuable answers
Thanks in Advance
TamilSelvan
StuckInTheMuck
07-17 07:46 AM
3 weeks seem to be still in the ballpark. Took about that long to get my FP notice too. Did you e-file? Paper-filers do not get FP notice.
shanti
08-07 10:04 AM
http://www.hooyou.com/lc/perm_eb2vseb3.html
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
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