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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.
Quote:
Originally Posted by gcq
Currently it is in practice, Chinese are downgrading their eb2 to eb3 without a perm. As Spec mentioned, I have seen that AILA- USCIS exchange, don't know where to locate now.
PS: Thanks Matt :)
gcq,Quote:
Originally Posted by gcq
As far as I m concerned, there is no such thing as an EB2 PERM (or EB3 PERM for that matter). The PERM is basically just a statement of the minimum requirements for the job, the wage to be paid for that job and attesting that no US Citizen or LPR holder was available to fill the position.
The question of whether it meets the minimum requirements for EB2 or EB3 is only a matter that USCIS can determine. USCIS are looking at:
a) Do the minimum requirements in the certified PERM qualify for the Category requested in the I-140?
b) Does the beneficiary possess the minimum requirements for the Category requested in the I-140?
USCIS often make this point in AAO decisions. e.g. in this decision:
or in more detail in this decision in the section titled "The Roles of the DOL and USCIS in the Immigrant Visa Process".Quote:
It is noted that, although DOL certified the ETA Form 9089, its role is limited to determining whether there are sufficient workers who are able, willing qualified and available, and whether the employment of the alien will adversely affect the wages and working conditions of workers in the United States similarly employed. Section 212(a)(5)(A)(i) ofthe Act; 20 C.F.R. § 656.1(a).
It is left to USCIS to determine whether the offered position and the beneficiary qualify for the requested preference classification, and whether the beneficiary satisfies the minimum requirements of the offered position as set forth on the labor certification.
Quote:
There is no doubt that the authority to make preference classification decisions rests with INS. The language of section 204 cannot be read otherwise. See Castaneda-Gonzalez v. INS, 564 F.2d 417, 429 (D.C. Cir. 1977). In tum, DOL has the authority to make the two determinations listed in section 212(a)(14).
The necessary result of these two grants of authority is that section 212(a)(l4) determinations are not subject to review by INS absent fraud or willful misrepresentation, but all matters relating to preference classification eligibility not expressly delegated to DOL remain within INS' authority.
Given the language of the Act, the totality of the legislative history, and the agencies' own interpretations of their duties under the Act, we must conclude that Congress did not intend DOL to have primary authority to make any determinations other than the two stated in section 212(a)(14). If DOL is to analyze alien qualifications, it is for the purpose of "matching" them with those of corresponding United States workers so that it will then be "in a position to meet the requirement of the law," namely the section 212(a)(14) determinations.
Madany v. Smith, 696 F.2d 1008, 1012-1013 (D.C. Cir. 1983).
Just because a PERM certification may satisfy the requirements to file under EB2 does not compel the I-140 to be filed under that Category.
Applicants for the position would still have to meet the requirements of the PERM, so it eliminated nobody if the I-140 was filed under EB3 rather than EB2.
The job has not changed, the minimum requirements have not changed, nor has the PW that must be paid for it.
What you touch on is the objection that some EB3 have to the practice, since an EB3 number will be used for a job that no "ordinary EB3 qualified" person could apply for due to the minimum requirements of the PERM.
To answer Kanmani's query, a PERM only becomes invalid if it is not used to support an I-140 filing within 180 days of certification. Once that condition is met, it remains valid for further I-140 filings against it.
Hello Teddy , Q and old timers ,
I had abandoned my GC in late 2011 and returned to India due to some emergency health issues of some family members. Then had a PD of June 2007 in EB2. Working in India now as a senior architect in a semiconductor company and have restarted the process with PERM process last week. I am planning to port my I140 PD from EB2 2007 to the new I-140 to be filed.My profile is that of a Senior architect with 4 individual patents(single inventor).
Do I have a reasonable chance of a consular interview in 2015 ? Any risks that you see ? I see delays in PERM labor adjucation as a problem of me missing the window when my PD would be current.
Arnab - welcome to forum. I think you do have a good chance in late 2015. The dates have already retroed in 2005 but they should spring back in Q4. Good luck.
Quote:
Originally Posted by arnab222
Does anyone think President is going to act on EO for legal immigration (As per today's statement)?