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Viz,
This is a simple question which would cost her only $150 for a single consultation with Murthy :)
anu, you are good at this point of time, companies are allowed to shift premises within the same metropolitan area without affecting the immigration processes.
Agree with the thumb rule Viz mentioned. It has been the situation for me from past 3 months if I had to consult lawyers outside. But last night the law firm made it official for me that they need to restart my PERM as the new office location is in the same state 25 miles away from the existing office but different MSA. As employer and the law firm employer chooses would have control over PERM, you cannot argue much on the route they want to take in these situations. To my situation, I had to accept the situation and move forward. My 2 cents are do not loose your sleep on this till the time the law firm confirms anything.Quote:
Originally Posted by vizcard
Thanks you all. I did email my lawyer not my husband's don't ask me why(the greencard discussion always results in a fight between us :() but for now we are good. Broadway in Manhattan and Soho are same MSA for now..ha. You all are right and usually I email the lawyer but the paranoid women breed that I am, I also post on forums to get a quick response. Again thanks for all the responses, appreciate the valuable inputs here.Quote:
Originally Posted by EB2IndSep09
Is there any EAD/AP renewal 101 available on our blog? Thank you.
I don't think so. But here's one on Trackitt -> Trackitt LinkQuote:
Originally Posted by suninphx
You could also just check the USCIS site for instructions on the respective forms.
EAD
AP
Oct 2014 approvals update from trackitt:
Total: 63
TSC - 26
NSC - 37
Approvals have picked up slightly since the 15th. Out of 63 approved, 13 are new filers since 7/1/2014.
Thnaks Viz.Quote:
Originally Posted by vizcard
According to AILA, there has been a recent meeting (October 15, 2014) - one of the monthly meetings scheduled - with CO regarding Visa Bulletin progress.
Hopefully, the information from this meeting will become available on the usual websites shortly.Quote:
10/20/2014 Check-in with DOS’s Charlie Oppenheim (10/15/2014)
DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.
AILA Doc. No. 14071401.
Gurus,Q,
Suddenly my 485 status say "your case information is incomplete within the Case Status Online.For further assistance call the no ....".It was in acceptance in the morning.I had congressional inquiry on 14th Oct.
Looks like one report got out here :Quote:
Originally Posted by Spectator
http://blogs.ilw.com/entry.php?8296-...EXT-FEW-MONTHS
Thanks YT.
I wasn't expecting anything new for FY2015. I was hoping he might leak some information about the numbers used in FY2014. It would be useful to know roughly how many EB1 used, as well as EB2-ROW/M/P and EB4. He previously mentioned some rough figures for EB2-I and we can probably guess that EB5 was somewhere around the maximum allocation available to them.
PERM stats released for FY14-Q4 :
http://www.foreignlaborcert.doleta.g...FY_2014_Q4.pdf
PERM backlog still pending as of 30-Sep-2014 : 59,901.
Total PERM certified for ALL in FY13 was : 35.188
Total PERM certified for INDIA alone in FY14 : 35,092
India is growing like anything. At the current rate of spillovers the people who are filing in EB2-I NOW will have to wait till 2024 to get the GCs.
This is the reason I was suggesting to consider downgrading or filing in EB3-I for all EB2-I whose PDs are from FY12.
Hoping that BO will do something in EO.
YT,Quote:
Originally Posted by YTeleven
Thanks. I noticed they hadn't been updated earlier.
The figures are a good fit to the unofficial figures I published.
PERM received (74,936) represents a 3.4% increase on FY2013.
The pending number is quite worrying. It hovered around 60k for all of FY2014, despite a very productive OFLC and a reduction in processing times in FY2014. It was reduced to about 20k at the end of FY2011 and is now approaching the 67k it reached at the end of FY2009.
I can't guess the level it will reach if OFLC do in fact double the processing times as their FY2015 plan calls for.
The India figure is a little deceptive, since OFLC certified 78% more cases in FY2014 compared to FY2013. In FY2014, India represented 56.0% of certified cases, compared to 59.5% in FY2013. I do agree that % that India represents has increased markedly over the last 5 years.
Q,Spec,
I am first time filer and today my case transferred to local office.What that means?I had initiated congressional inquiry.
helooo,
They might have a lot of applications at TSC and so may be doing load balancing. You might get an interview.
https://www.google.com/search?q=case...o+local+office
But if the interview is after Nov 1st and everything goes well.Will they issue the GC as dates will retrogress.Quote:
Originally Posted by civilengineer
Reading similar discussions on Trackitt etc from that google search, many of them were told no GC as numbers are not available. Depends on the interview date I guess and also if they allocated a number already. Who knows?
heloo
I am not a lawyer. So take my "guess" for what it's worth.
I think xfer to local office may mean an in person interview. I hope it takes place and you get done with. Do keep us updated.
Quote:
Originally Posted by helooo
I read you all everyday... and thought of you guys when the unexpected happened.
My PD is in 06/2011. My spouse's department is going to be dissolved and he is losing his job, right when his PERM was going to be filed. He is looking for a job right now but his 6th year H1B will be expiring in Oct 2015. After applying the months that he was out of the country for, he is eligible to extend the H1B to Jan 2016.
My queries:
1) What are the chances of being able to obtain EAD for 06/2011 PD before Jan 2016?
2) How long is it taking from initiation of PERM filing to I-140 approval in EB2 India category?
3) What should be his current plan of action to be able to qualify for H1B extension before Jan 2016?
PS: Please relocate this thread as per forum rules when appropriate..
1. 10%Quote:
Originally Posted by eb2ODer
2. In general, companies do not initiate GC processing in the first year of employment. Assuming they start in the first year, initiation to perm filing takes 6 months + filing to perm approval at the current pace takes 8 months, a total of 14 months.
3. He may need to convert to H-4 for some time until his perm is pending for 365 days to extend his H1B.
I believe he has a decent shot at EAD next year Oct - Dec 2015, I would say 50-50. This is based on the assumption that the majority of the current 485 filers till May 2010 will get approved by Sep 2015 and then the next intake should happen between Oct - Dec 2015. If the new intake happens you should definitely be in. Its still very early days in this year, good luck.Quote:
Originally Posted by eb2ODer
Quote:
Originally Posted by eb2ODer
1. Chances are pretty slim. Don't solely rely on this at any cost. June 2011 in Jan 2016 looks far-fetched one at least this point of time.
2. There are no country wise categories or EB2/EB3 categories in PERM. PERM is processed individually irrespective of the country and category. The PERM preparation process (Advertisement, interview, SWA whatnot) is about 6 months (could be less if your company HR/lawyers are proactive) and approval is another 8-10 months(Could be lesser too). In total anywhere between 12-16 months depending on circumstances.
3. To extend H-1B beyond 6 years, a) Your PERM should have been filed 365 days prior to your H-1B expiry. In this case you're eligible for 1 year H-1B extension irrespective of your PERM status (Even if it's in audit after a denial or so). b) If your PERM was filed inside of 365 days then you need to have your I-140 approved to go for H-1B extension beyond 6 years. c) If your PERM was filed inside 365 days of your H-1B expiry then you need to wait for either PERM + I-140 approval or 1 year since filing of your PERM.
Impact of salary on I-485
Gurus, please advise.
My PERM prevailing wages are 12X.
As I was out of US during Jan and first week of Feb, I was expecting total wages to be 11X during 2014.
Everything was going good until now, however my employer suddenly changed the way he deposits salary and now I am scheduled to get 10X during 2014 (i.e. 2014 W2 would show only 10X salary).
In Mar-15, when my I-485 would be pending for more than 180 days, I am planning to invoke AC21 and go to another prospective employer. My question is how this 10X salary shown on 2014 W2 would impact me in future.
The Salary mentioned in the perm is the amount of prevailing wage that the employer has accepted to pay the candidate upon receiving the GC.Quote:
Originally Posted by itsmusa
Note that the GC is always for future employment, in other words, the description of job duties and salary kick start into reality only after the GC card is received.
It may take years to get GC in hand, meanwhile, the prevailing wage may sky rocket for the same position. But what described in the perm holds tight with respect to the employer.
When you move jobs, make sure your offered wage matches that of what is noted in the perm ( or above).
Thank you Kanmani...
For smaller consulting firms as in my case, lawyer told the employer that I must be paid the prevailing wages from the date PERM is filed to show "ability to pay" throughout the process. With only 10X shown on 2014 W-2, wouldn't USCIS come back or could they come back after me once I invoke AC-21 and join another employer who would pay me higher than PERM prevailing wages. I would not like to get I-485 in trouble due to this salary issue.
itsmusa,Quote:
Originally Posted by itsmusa
I don't know your actual salary, your first post confuses me to get the scenario. Anyway, you are not expected to display your salary here.
As an example if your salary in the payroll is 80K, but for the same position the salary described in the perm is 90k is always ok until receiving the GC.
I don't know why you endup with a less salary like 10k for the whole year. This might cause questions on whether your job offer is genuine at all. As I said earlier, Gc is for the future position, you may consult an attorney on the prospects of avoiding any potential issues while avail ing AC21 provisions. Good Luck!
Hello Q,Quote:
Originally Posted by qesehmk
Received a notice today which says that "this courtesy notice is to advise you of action taken on this case. the official notice has been mailed to the authorized representative.
Any relevant documentation included in the notice was also mailed as part of the official notice.
Preliminary processing of the above application of petition has been completed, and it has been transferred to the uscis office at:
XXXXXX
That office will notify you when they schedule an interview on the application or petition. any further inquiries should be made to that office.
Anybody knows what "Preliminary processing of the above application of petition has been completed" means
Is it good/bad?
I think he meant 10X, where X is the monthly salary.Quote:
Originally Posted by Kanmani
He seemed to be saying that suppose the salary described in the PERM is P, then X = P/12. He was going to get paid 11X but it was OK since he was on vacation for one month. However for some reason, he is now getting paid 10X and he was worried about it.
In any case, as kanmani described, GC is for future employment, so the salary described in PERM should be given upon the GC receipt. However, if you change the job using AC21, make sure you are getting the salary in PERM.
@sportsfan33 - thanks, that is exactly what I meant.
@Kanmani - sorry for the confusion. I updated 10K to 10X.
I think you missed the valid, obvious reason here. You were out of country for more than a month and it is your employer who changed the policy which will make you to receive less than expected 12X. I guess the policy is to hold a month's salary or 15 days salary which is expected from smaller consulting firms.Quote:
Originally Posted by itsmusa
My observation is smaller consulting firms would try to match up the amount (even when employees are on bench) towards the end of the year so that they do not want the case to be questioned later which could come back and bite them. Even if they are not doing that my advise is save all the pay stubs which would have the period of pay to make a case from your side if USCIS questions you in later date.
@EB2IndSep09 - thanks, yes, I am aware of these things. My lawyer already told me this would probably not be an issue in the future. However my question was whether someone from us have experience/s USCIS coming after us for such thing in future.
@Kanmani, TeddyKoochu, Jimmys,
Thanks for your responses! I was hoping I would hear something magically better than I knew. Ofcourse always can count on you guys to be supportive but grounded in reality.
Sadly, for many, October is now history.
Here's some observations.
From the Trackitt numbers, it looks very much that CO has used somewhere around the quarterly allocation of 757 for EB2 in October.
That's probably in line with his rather pessimistic and conservative statements.
PERM Certifications in October, at 5.3k, were around the same (103%) of the monthly average seen for Q4 FY2014.
ROW and WW certifications mirrored that number.
Anybody knows the details of the process for reverse porting (e.g. EB2C to EB3C, which apparently is happening in decent numbers)? Does that also require a PERM like EB3I to EB2I porting does? Is the process difficult or easy? Takes significant time or no?
Also, I hereby proclaim FY2015 as the year of EB3. I am looking forward to the next VB not for anything in EB2 but for all the good stuff that is likely to happen in EB3. The whole drama with EB2C reverse porting, very low inventory and hence coming inventory building in EB3ROW, demand destruction in EB3P... Wow!
Happy Nov everyone. Another month closer to the spillover season :-)
i would assume its the exact same process. No reason it should be different.Quote:
Originally Posted by imdeng
imdeng,Quote:
Originally Posted by imdeng
The general consensus is that a new PERM would not be required to submit a new I-140 under EB3.
The general consensus is also that PP would not be available for the new I-140.
http://nairlaw.com/blog/posts/12
http://www.sumnerimmigration.com/imm...rade-possible/
http://www.immigration-visa-lawyer-b...for-chine.html
I'm pretty sure I have seen a USCIS answer from an AILA liaison meeting confirming this.
In a traditional EB3-EB2 porting scenario, it is very unlikely that the original PERM obtained for the EB3 I-140 would meet the Advanced Degree or Bachelors plus 5 years requirement needed to also file an I-140 under EB2. In that case, a new PERM with minimum requirements meeting the EB2 threshold would be required.
In a reverse porting EB2-EB3 scenario, the original PERM would also support an EB3 I-140 under EB3-Professional (Bachelors) or EB3-Skilled Worker (2 years training or experience).
That makes sense. So reverse porting is relatively easier to do than regular "upgrade" porting. Good to know. Who knows - we might all be reverse porting into EB3I couple years from now :-)
Quote:
Originally Posted by Spectator
Quote:
Originally Posted by Spectator
I agree that there is no requirement of new perm for downgrading to eb3.
No offence to the down graders, but there is a group is objecting this practice, you might have come across, saying that the 'original' perm is eligible for I-140 filing for a certain period of time say 90 days (not sure), once 90 days are over, the perm status is expired.
The objection is on approving a new I-140 on a expired perm which sounds correct and lawful to me, what do you think Spec?
It may not be possible to re-use EB2 perm for downgrading to EB3.
When looking from I-140/I-485 perspective one may think EB2 Perm can be re-used for EB3 as EB2 perm holder has a higher qualification than a regular EB3 guy. However looking from a PERM perspective, EB2 perm cannot be used for EB3 as EB2 perm eliminates lot of prospective US citizens from the job based on the job requirement for EB2 ( like 5 years experience after undergrad). However EB3 perm cannot have that higher requirement. So EB2 perm will be a no-no for EB3.
Kanmani,Quote:
Originally Posted by Kanmani
http://www.visatopia.com/wp-content/...etention-2.pdf
The link could help with the discussion.