ravishankar_b
Registered Users (C)
IndiraGandhi said:
http://www.jackson-hertogs.com/news/2005/0506.htm
Some FAQs on handling of RIR/TR cases... Nothing new, though.
Dallas Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
http://www.jackson-hertogs.com/news/2005/0506.htm
Some FAQs on handling of RIR/TR cases... Nothing new, though.
ravishankar_b
Registered Users (C)
http://www.jackson-hertogs.com/news/2005/0506.htmmomoyang said:
Some FAQs on handling of RIR/TR cases... Nothing new, though.
ravishankar_b
Registered Users (C)
http://www.jackson-hertogs.com/news/2005/0506.htmIcarus said:
Some FAQs on handling of RIR/TR cases... Nothing new, though.
Perm != consultants ??
This might be the wrong thread to post this message. but will be helpful for us to understand the current trends in labour certification. it looks like, perm is a trap from uncle sam
. if you know any friends planning to file in perm, pass this msg to them.
asnssf.
====================
The Department of Labor's new PERM regulations and application procedure became effective on March 28, 2005. To date, XYZ Corporation operating companies have not filed any applications under the PERM system for the following reasons.
An important feature of the labor certification requirement, a feature not changed by the PERM regulations, is that a labor certification is geographic specific. Section 212(a)5(A)(i)(I) of the Immigration and Nationality Act refers to "...the place where the alien is to perform such skilled or unskilled labor..." The Department of Labor has determined that this "place" means the area within normal commuting distance, which could be 20, 30 or 50 miles, depending upon the location. The all-important "Prevailing Wage Determination" (PWD) is geographic specific, too. PWD's vary widely; "prevailing wages" can be much higher on the East and West coasts, for example.
Therefore, a labor certification is valid only within the area of intended employment. If the employee moves out of that area, the labor certification becomes invalid and a new labor certification for the new location is required. It should be noted that there also cannot be a material change in the job duties or requirements.
The Department of Labor recognized that the application of these rules meant that the "roving employee" could never achieve permanent residence based upon a labor certification. Given processing times, the "roving employee" would forever require a new labor certification for his/her new location. In order to permit an employer of mobile workers - most notably consultants - to utilize the labor certification program, the Department of Labor approved a special variation of the place of employment rules. Where the nature of the employee's job required a continuous change of location, the filing venue would be the local labor department office having jurisdiction over the employer's headquarters. This is why XYZ labor certification applications were filed in ABC city and approved by the ABC DOL Regional Office.
A positive consequence of this special rule enabled XYZ to file group labor certification applications based upon skill sets no matter where in the U.S. the consultant was temporarily located. The assembly of group filings saved time, money and effort for both the Department of Labor and the employer.
Many hundreds of our labor certification applications were approved under this system. We hope to be able to replicate this model under the new PERM regime. However, to date, the Department of Labor has not addressed the issue of the accommodation of "roving employees." We know that groups like the American Immigration Lawyers Association are urging the DOL to reinstate the headquarters jurisdiction rule in the case of mobile consultants. So far, the DOL has not acted.
We believe that it is pointless to file geographic specific PERM applications for "roving employees" until this issue is resolved. The labor certification issued would be of no use to the consultant after he/she moved to a different city. As soon as there is a positive resolution of this issue, we will resume the filing of new labor certification applications.
This might be the wrong thread to post this message. but will be helpful for us to understand the current trends in labour certification. it looks like, perm is a trap from uncle sam
. if you know any friends planning to file in perm, pass this msg to them. asnssf.
====================
The Department of Labor's new PERM regulations and application procedure became effective on March 28, 2005. To date, XYZ Corporation operating companies have not filed any applications under the PERM system for the following reasons.
An important feature of the labor certification requirement, a feature not changed by the PERM regulations, is that a labor certification is geographic specific. Section 212(a)5(A)(i)(I) of the Immigration and Nationality Act refers to "...the place where the alien is to perform such skilled or unskilled labor..." The Department of Labor has determined that this "place" means the area within normal commuting distance, which could be 20, 30 or 50 miles, depending upon the location. The all-important "Prevailing Wage Determination" (PWD) is geographic specific, too. PWD's vary widely; "prevailing wages" can be much higher on the East and West coasts, for example.
Therefore, a labor certification is valid only within the area of intended employment. If the employee moves out of that area, the labor certification becomes invalid and a new labor certification for the new location is required. It should be noted that there also cannot be a material change in the job duties or requirements.
The Department of Labor recognized that the application of these rules meant that the "roving employee" could never achieve permanent residence based upon a labor certification. Given processing times, the "roving employee" would forever require a new labor certification for his/her new location. In order to permit an employer of mobile workers - most notably consultants - to utilize the labor certification program, the Department of Labor approved a special variation of the place of employment rules. Where the nature of the employee's job required a continuous change of location, the filing venue would be the local labor department office having jurisdiction over the employer's headquarters. This is why XYZ labor certification applications were filed in ABC city and approved by the ABC DOL Regional Office.
A positive consequence of this special rule enabled XYZ to file group labor certification applications based upon skill sets no matter where in the U.S. the consultant was temporarily located. The assembly of group filings saved time, money and effort for both the Department of Labor and the employer.
Many hundreds of our labor certification applications were approved under this system. We hope to be able to replicate this model under the new PERM regime. However, to date, the Department of Labor has not addressed the issue of the accommodation of "roving employees." We know that groups like the American Immigration Lawyers Association are urging the DOL to reinstate the headquarters jurisdiction rule in the case of mobile consultants. So far, the DOL has not acted.
We believe that it is pointless to file geographic specific PERM applications for "roving employees" until this issue is resolved. The labor certification issued would be of no use to the consultant after he/she moved to a different city. As soon as there is a positive resolution of this issue, we will resume the filing of new labor certification applications.
antonioa77
Registered Users (C)
asnssf said:This might be the wrong thread to post this message. but will be helpful for us to understand the current trends in labour certification. it looks like, perm is a trap from uncle sam
asnssf.
====================
The Department of Labor's new PERM regulations and application procedure became effective on March 28, 2005. To date, XYZ Corporation operating companies have not filed any applications under the PERM system for the following reasons.
An important feature of the labor certification requirement, a feature not changed by the PERM regulations, is that a labor certification is geographic specific. Section 212(a)5(A)(i)(I) of the Immigration and Nationality Act refers to "...the place where the alien is to perform such skilled or unskilled labor..." The Department of Labor has determined that this "place" means the area within normal commuting distance, which could be 20, 30 or 50 miles, depending upon the location. The all-important "Prevailing Wage Determination" (PWD) is geographic specific, too. PWD's vary widely; "prevailing wages" can be much higher on the East and West coasts, for example.
Therefore, a labor certification is valid only within the area of intended employment. If the employee moves out of that area, the labor certification becomes invalid and a new labor certification for the new location is required. It should be noted that there also cannot be a material change in the job duties or requirements.
The Department of Labor recognized that the application of these rules meant that the "roving employee" could never achieve permanent residence based upon a labor certification. Given processing times, the "roving employee" would forever require a new labor certification for his/her new location. In order to permit an employer of mobile workers - most notably consultants - to utilize the labor certification program, the Department of Labor approved a special variation of the place of employment rules. Where the nature of the employee's job required a continuous change of location, the filing venue would be the local labor department office having jurisdiction over the employer's headquarters. This is why XYZ labor certification applications were filed in ABC city and approved by the ABC DOL Regional Office.
A positive consequence of this special rule enabled XYZ to file group labor certification applications based upon skill sets no matter where in the U.S. the consultant was temporarily located. The assembly of group filings saved time, money and effort for both the Department of Labor and the employer.
Many hundreds of our labor certification applications were approved under this system. We hope to be able to replicate this model under the new PERM regime. However, to date, the Department of Labor has not addressed the issue of the accommodation of "roving employees." We know that groups like the American Immigration Lawyers Association are urging the DOL to reinstate the headquarters jurisdiction rule in the case of mobile consultants. So far, the DOL has not acted.
We believe that it is pointless to file geographic specific PERM applications for "roving employees" until this issue is resolved. The labor certification issued would be of no use to the consultant after he/she moved to a different city. As soon as there is a positive resolution of this issue, we will resume the filing of new labor certification applications.
where did u get this info? any website? thanks
President today signed into law H.R 1268, so-called special spending bill, which the Senate signed yesterday, May 10, 2005, not even wasting a day! Accordingly, the H-2B amendments and 20,000 visa number recaptures for the nurses, physical therapists, and exceptional performing artists under Schedule A became available as of today. Sadly the REAL ID Act also became a law as of today! For the President's statement in signing this bill,
This is good news for for the people from countries where the immigrants are in the above job categories.
I dont know how much this will help for people from INDIA(Where i come from) as sooner or later even EB-2 is likely to retrogress.
--MC
This is good news for for the people from countries where the immigrants are in the above job categories.
I dont know how much this will help for people from INDIA(Where i come from) as sooner or later even EB-2 is likely to retrogress.
--MC
News of The Month !
Check it out.. Its great News : Approval from Dallas BEC.
tgunukula
I got LC
--------------------------------------------------------------------------
Hi fellow members.
Today i got email from lawyer saying that my labor application is aparoved. Mine was in Dallas BES center. That means they started processing. My priority date is 4/02 and RD is first week 0f 5/03. Got 45 daya love letter in Jan 05. replied on 20 the JAN. Hopefully we will meet all you in 140 tracker. GOD 3years waiting. Dont know what happens in 140 and 485.
http://www.immigrationportal.com/showpost.php?p=1147228&postcount=2833
Check it out.. Its great News : Approval from Dallas BEC.
tgunukula
I got LC
--------------------------------------------------------------------------
Hi fellow members.
Today i got email from lawyer saying that my labor application is aparoved. Mine was in Dallas BES center. That means they started processing. My priority date is 4/02 and RD is first week 0f 5/03. Got 45 daya love letter in Jan 05. replied on 20 the JAN. Hopefully we will meet all you in 140 tracker. GOD 3years waiting. Dont know what happens in 140 and 485.
http://www.immigrationportal.com/showpost.php?p=1147228&postcount=2833
SFDoLRd_082003
Registered Users (C)
That is good news!!!
This shows that some progress has been made...
Good luck to all...
This shows that some progress has been made...
Good luck to all...
mamidikaya
Registered Users (C)
Still waiting for 45 day notice
My PD is March 18th, 2002
Is anybody waiting for 45 days letter with this PD ?
Icarus can you throw any light on this ?
Thanks in advance
My PD is March 18th, 2002
Is anybody waiting for 45 days letter with this PD ?
Icarus can you throw any light on this ?
Thanks in advance
mamidikaya= mango?
hollow mamidikaya, there is a good news for you. LC for PD 4/02 is already approved. yours is 3/02.So It would have been approved and coming on the way or yur attorney would have received the letter by now who knows? Check it with your attorney.Regarding 45 day letter, your attorney would have replied long back without infoming you.I hope you will infom us the receipt of your LC by posting in this thread. Advanced congratulations.
JC_GC.
hollow mamidikaya, there is a good news for you. LC for PD 4/02 is already approved. yours is 3/02.So It would have been approved and coming on the way or yur attorney would have received the letter by now who knows? Check it with your attorney.Regarding 45 day letter, your attorney would have replied long back without infoming you.I hope you will infom us the receipt of your LC by posting in this thread. Advanced congratulations.
JC_GC.
Guys look at today's http://www.immigration-law.com/
Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
I hope I understand it right.
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SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.
(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:
`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.
`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--
`(i) the employer or any collective bargaining agent of the alien; or
`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.
Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
I hope I understand it right.
-----------------------------------------------------------------------
SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.
(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:
`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.
`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--
`(i) the employer or any collective bargaining agent of the alien; or
`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.
unfortunatelly you do NOT understand it right the aliens reffered to in that paragraph are illegal bastards who broke the law and providing this law is enacted will receive GC earlier than we will... Welcome to America.
the aliens reffered to in that paragraph are illegal bastards who broke the law and providing this law is enacted will receive GC earlier than we will... Welcome to America.sbdol said:Guys look at today's http://www.immigration-law.com/
Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.
DoNotWorry
Registered Users (C)
How long it will take to pass as a bill and sighned by President!!!!sbdol said:Guys look at today's http://www.immigration-law.com/
Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
I hope I understand it right.
-----------------------------------------------------------------------
SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.
(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:
`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.
`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--
`(i) the employer or any collective bargaining agent of the alien; or
`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.
xbohdpukc said:unfortunatelly you do NOT understand it right
Really, it says "Nonimmigrant aliens admitted or otherwise provided status under Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245. shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245."
I am not really sure what it means but it certainly looks like all non-immigrants. Does anyone know what " clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) ." means?
Please avoid using profane language
Please avoid using such language. God made unequal world & God's willing they are getting it. Why are you complaining ?? If you think they are getting better deal, then become illegal, no one is stopping you. Tear your passport and live a life of illegal non-immigrant.
Have some heart & stop complaining. Just think how fortunate you are to have been existing, to have all ur arms,eyes,nose and all your body intact, how fortunate you are in having money whatever you have. there are many who live in poverty, who do not have proper meals to eat, many who although rich died in Tsunami for no good resons known except for the one above in sky.
Please avoid using such language. God made unequal world & God's willing they are getting it. Why are you complaining ?? If you think they are getting better deal, then become illegal, no one is stopping you. Tear your passport and live a life of illegal non-immigrant.
Have some heart & stop complaining. Just think how fortunate you are to have been existing, to have all ur arms,eyes,nose and all your body intact, how fortunate you are in having money whatever you have. there are many who live in poverty, who do not have proper meals to eat, many who although rich died in Tsunami for no good resons known except for the one above in sky.
xbohdpukc said:unfortunatelly you do NOT understand it right
good news
If it is true, it is good new. My RD Feb. 2003 should be earlier than your RD. I want to make sure your case is RIR EB2 or not. If that, I will be next luck guy.
Good luck for everybody.
If it is true, it is good new. My RD Feb. 2003 should be earlier than your RD. I want to make sure your case is RIR EB2 or not. If that, I will be next luck guy.
Good luck for everybody.
LSR5 said:
This really a great news...congratulations and best of luck...
LSR5