ashutrip
06-20 10:49 AM
Delays at DOL PERM Processing Center in Atlanta to End Soon!
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
may 11 was five weeks back......its third week of june right now!!!
Still no favorable movements...I do not wanna miss this July deadline....I am sure dates for EB3 will retrogress in August.....then ticket to India and UAE!!
Americas loss will be UAE's gain
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
may 11 was five weeks back......its third week of june right now!!!
Still no favorable movements...I do not wanna miss this July deadline....I am sure dates for EB3 will retrogress in August.....then ticket to India and UAE!!
Americas loss will be UAE's gain
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sri1309
08-17 08:18 AM
We need support from Core members in pushing EB3. We dont see much activitiy on this front..
pshah177
09-11 04:05 PM
Can't make it to the rally, but here's my minuscule contribution...
$100
Google Order #652610300768677
Good luck to us all. IV has been a great community so far...
$100
Google Order #652610300768677
Good luck to us all. IV has been a great community so far...
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rdoib
07-23 10:33 PM
it is like a lottery..ya it is..noone knows whats comes out out of the matrix...:)
more...
gcdreamer05
08-13 04:36 PM
so any hopes about what would happen on oct 2008 bulletin for eb3, will it go back to nov 2001 or atleast will it go to 2003 :(
It looks like a long wait for us eb3 folks.........
It looks like a long wait for us eb3 folks.........
bpadala
05-20 12:50 AM
Hey,
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
more...
test101
07-06 05:17 PM
From OH mathew
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
2010 This tattoo was to serve as a
Asian
08-10 02:55 PM
O.K. I might have confused some.
There are certain child tax credit that you qualify with ITIN. But there is another kind of child tax credit which you cannot claim without the child's SSN. I cannot remember the exact name of the tax item but I do remember it was a big amount. Eventually, by the time we can get her SSN (hopefully if we are lucky enough) after GC, we won't qualify once again because of the income limit.
This is from the IRS website at:
As for:
I have filed returns for my child but my child was born here so we do have a SSN.
There are certain child tax credit that you qualify with ITIN. But there is another kind of child tax credit which you cannot claim without the child's SSN. I cannot remember the exact name of the tax item but I do remember it was a big amount. Eventually, by the time we can get her SSN (hopefully if we are lucky enough) after GC, we won't qualify once again because of the income limit.
This is from the IRS website at:
As for:
I have filed returns for my child but my child was born here so we do have a SSN.
more...
eb3_nepa
07-14 03:34 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Nice. Any particular reason for the 20 + 1? :)
Thank you.
Nice. Any particular reason for the 20 + 1? :)
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Kodi
06-22 11:50 AM
If you have the username and password you can check the status in the DOL site. Usually only the lawyer and employer can check it as they don't give you the login details but some don't mind.
more...
bidhanc
03-10 05:42 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
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amitkhare77
11-08 07:40 PM
No, this is only the processing time for labor application, the whole process took a lot longer than this. I first submitted my document to the lawyer in the last week of January this year. Lawyer prepared my case, wages approval etc. it took around 1+ month to get preventing wages. then advertisement, recruitment process etc.
almost 8 month to finish all the requirements before the company could actually file the labor application.
I hope this answers your question.
Wow! Just in less than 2 months? What about the Ad stuff? Does this include everything?
almost 8 month to finish all the requirements before the company could actually file the labor application.
I hope this answers your question.
Wow! Just in less than 2 months? What about the Ad stuff? Does this include everything?
more...
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ramus
07-06 01:01 PM
I think it is made up statement from your lawyer.. Can you ask him about lnew ink on AILA..
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
tattoo a very meaningful tattoo,
vandanaverdia
09-12 09:49 PM
Looks like you will soon cross My 350 Contribution ;)
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Great... we need your support!!!!
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Great... we need your support!!!!
more...
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diptam
08-10 02:27 PM
Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"
If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)
My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?
If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)
My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?
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needhelp!
09-10 03:26 PM
Thank you k3GC, ngodisha, Karthikthiru, deba, watcher , ek_akela, mpadapa
more...
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Leo07
04-30 02:16 PM
Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)
We need to get more, but obviously a good beginning.( correction in title. it's Sen Cornyn )
We need to get more, but obviously a good beginning.( correction in title. it's Sen Cornyn )
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ItIsNotFunny
03-12 11:07 AM
Pappu,
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
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roseball
08-23 09:49 AM
AFAIK, this memo only applies to those I-140 petitions which do NOT require a labor certification approval. It does NOT apply to EB-2 Advanced degree holder petitions which require a certified labor and BS + 5 yrs or MS + 0 yrs of experience.
Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...
As per Matthew Oh's blog, this will be adopted on Sep 3rd.
Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...
As per Matthew Oh's blog, this will be adopted on Sep 3rd.
srinivas_o
09-02 01:40 PM
Landed in August 2000.
Company A filed Eb2 labor in Aug 2003, went to backlog center, got an intent to deny letter, replied to that letter, eventually got denied.
Company B filed EB3 labr in Sep 2004, luckily filed I-485 in July 2007, got EAD.
Now working for Company C on EAD as an FTE using AC21 memo feature.
Company A filed Eb2 labor in Aug 2003, went to backlog center, got an intent to deny letter, replied to that letter, eventually got denied.
Company B filed EB3 labr in Sep 2004, luckily filed I-485 in July 2007, got EAD.
Now working for Company C on EAD as an FTE using AC21 memo feature.
chisinau
07-22 02:09 PM
Agree with you, tinamatthew, regarding H1C visa, but my emploier does not want to waist his time for this, the chanses are too slim to get one of 500 H1C..., so I decided not to mention about it.
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
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