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That's a sticky situation, since the point of a J-1 visa is a temporary visa where you earn training/etc. in the US in order to take it back to your own country from what I understand.

Please post the link to where you found that information.

A language requirement would likely cause an audit requirement. I had read about a situation where a Spanish language requirement was required for a Spanish teacher, and the case still got audited. The other poster is correct -- the requirement would have to be specifically a job-related...

PERM petitions can only be filed for permanent, full-time positions.

They have the right to deny it on this reason unfortunately. If you don't qualify using the main requirements and only qualify using the alternate requirements, the Kellogg language of "Will accept any suitable combination of training, education, or experience" must be indicated on the petition.

The DOL sent a memo to AILA late last month indicating they are currently processing cases submitted in March 2008, and audited cases initially submitted in either June or July of last year. It sucks for all of us. Placing queries only yield the generic response.

Yes, the NY times site posted in conjunction with the ads counts as a job search website. No, we don't take pictures of the posting. At the bottom we have the employer sign the document stating where posted, the dates posted, the number of applicants, and the employer's signature.

The DOL says they try to process cases within 90 days. However, from cases that we are processing, it appears that the average processing time is about 4 or 5 months. My colleague from the office told me she heard through the grape vine that for audited cases, the DOL is processing from May...

Your HR is correct. The petition depends on the POSITION available and the requirements for it, along with a higher salary that is required. It does not depend simply on your credentials. The company is not required to file a petition on your behalf under EB2 just because you meet the...

Where did you find this lawyer? Is he an AILA member? For GC processing, our firm also charges for each stage (3 stages - PERM, then I-140, then I-485.) First off, if your case was processed after July 2007, you should not have paid any fees for your PERM process, since it is the law since...

Your company needs to update them directly, probably wouldn't hurt to have them call, fax, and certified-letter them to notify. If your work location has changed, your company may have to file a new LCA for your H1 too, but I'm not sure of the logistics of that since I only process Green Card...

Good luck... we had a similar situation on a PERM case where they said we didn't submit some documents, yet they are right their in our copies. You can't really get into a he-said-she-said with the government, as it's doubtful they will ever admit they are wrong. We ended up starting over...

If this LC is filed based on a Bachelor's degree plus 1 year of experience with the alternate of 3 years of college education and 3 years of related experience, you should be fine as long as you have all of the documentation to back it up. And yes, an educational evaluation should be submitted too.

He should draft the letter himself and send it to the company HR or any other person he knew at the company that is higher up than him and willing to help him. Make sure it is not a colleague as the USCIS may deny it based on a colleague letter. Does he have any other previous employers that...

Many companies file generic ads for multiple IT positions which have that line in them in order to compensate for lower-IT positions in which a 3 year bachelor's degree and 3 years of experience may be used. Was the ad that was placed for multiple positions or just one position? $600 only to...

The employer is not required to provide you with a copy of the I-140 notice, and the USCIS online site does not list the name/petitioner there. So, no, there's not really a way you can know it was for you other than to trust you have a good enough relationship with your employer that he/she...

When was the request made (i.e. was it before substitutions were eliminated?) The only way to keep your priority date is to file a new PERM LC and I-140 with your new company and request that the priority date be re-captured under the new I-140 with your new company. If you just sent them a...

Unless you are running out of H1 time, you can't apply for I-140 premium processing upgrade. I assume your category was EB3 because of your woes, and that EB3 is currently going to be unavailable in the visa numbers until October? There's no real evidence I have seen that your priority date...

Palak, A 3 year bachelor's degree and 2 year master's degree are not equivalent to a US Master's degree (4 yr. bach + 2 yr. mast) in the eyes of the USCIS. Was the requirement a Master's degree + x years of experience or a Bachelor's degree plus 5 years of experience? I heard on AILA of ONE...

It's based only on your country of birth, otherwise everyone would try to get canadian citizenship to speed up their processing! But yes, the priority category is "country of birth" and not "country of citizenship."