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aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Certified on August 9, 2006
No sign of the notification letter

:mad:
 
aycy - I think you should write a strong letter to PBEC as to what happened to the certification letter which you never got. Have they sent it and it got misplaced or something else is going on with your case.

What does the online status link say ? Ideally one gets the certification letter within a month.. :confused:

aycy said:
aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Certified on August 9, 2006
No sign of the notification letter

:mad:
 
Same but RIR

My PD is also August 2003, from Florida and my case # is P-05013-XXXXX, but mine is RIR. Until yesterday still showed "In Process". It is clear that they are working cases randomly and not FIFO nor RIR first. Maybe just wait a little bit, but if your lawyer strongly recommend the conversion, go for it. Good luck.

RC0878 said:
Hi Gurus,

When i saw that several RIR labor applications around my priority date (Aug'2003) are being cleared and there isn't any news on my Non RIR case, I discussed the matter with my lawyer.

Attorney says, nothing is happening with the non RIR cases at the moment. Attorney is suggesting to convert to RIR based on - Last Friday the USDOL published a notice to convert the conventional cases to RIR by a process that is simpler than PERM conversion.

Any suggestion Gurus????

Anyone else in a similar situation. I just want to make sure, this isn't another game that makes more money for the attorney. Also anyone has any idea on how much would it cost?

RC
 
Labor Approved

Guys and Gurus
I just want to share this good news with you that today I got my Labor approval , my approval letter was generated on October 6, 2006

======
RIR
PD: 12-26-2003
VA
 
Prevailing wage problem

Guys, I have a problem with wages and I need your advice. From the screening shot, I found BEC quoted the wrong prevailing wage for my case. I work for an university. However, instead of quoting a higher education wage, they got the industry wage for me. So my pay rate is $2000 more than higher education wage(which should be the one to use), BUT $2000 less than industry wage. I know this error for a while, but didn't worry at all, since its still 95%+ of the prevailing wage. But, from the NOF thread, I read one story that a guy received NOF when his salary is $400 less than prevailing wage. This really scares me. I can see NOf steering my way now. My questions:
1) Anybody got approval while their pay rate is less than prevailing wage, but greater than 95% of prevailing wage?
2) What is the phone number/email attorney or employer can reach PBEC for corrections?
3) Can employer make corrections? My lawyer is as useless as she can be.

Thanks a lot.
 
Please Explain

I am worried after reading this post.

I am planning to send my wife and son to India. I am not going .
my visa stamping is expired and my wife is going for visa stamping at chennai embassy.
Her first visa stamping also expired. I am on my 7th year of H1.

Will it cause problem ?

Is there anyone who had gone through similar case ?

GCVARUMA said:
eefrog.. One of my friends case was exactly like tot-batot.. Both husband and wife had expired visa on their passports. The husband was in the US and the wife recently went to the US embassy in India to get her passport stamped. They refused to stamp her passport saying that since the husband's visa was not stamped in his passport. What he told me is that somewhere in the list of documents that are required for stamping it states that a copy of the visa stamp of the primary H1 holder should be enclosed. So as my friends visa had expired they refused to give his wife a visa. So the husband had to go to Canada and get his visa stamped on the passport and then send all the documents to his wife in India. This is NOT to alarm anyone of you. This is what he had told me. I would check/re-check with the lawyer and the US embassy to find out all the documents that will be required just to be sure.
 
NJJune52002 said:
I am worried after reading this post.

I am planning to send my wife and son to India. I am not going .
my visa stamping is expired and my wife is going for visa stamping at chennai embassy.
Her first visa stamping also expired. I am on my 7th year of H1.

Will it cause problem ?

Is there anyone who had gone through similar case ?

I had similar situation in July
My wife went to the Mumbai consulate and got her stamp H4
I donot have a stamp..


I guess there is no hard and fast logic to this thing...
Depending on the officers's mood...if he/she got laid yeaterday..etc..etc..
Chennai is more restrictive consulate...Mumbai is relatively less problematic..
Islamabad is going to be far more restricitve than Mumbai or Chennai for reasons I donot need to explain.....
 
Last edited by a moderator:
Hi Guys!

I believe if labor and I-140 are approved through Employer 1 (old PD) and then you change to a new employer, you have to start the labor and I-140 all over again. However you can maintain the Employer 1 PD (old PD).

Does anyone have the official link to this? Please post it if you do.

Has anyone in the forum evaluated / executed this option yet? Please share your experiences.

Thank you!
 
Did it in July

NJJune52002 said:
I am worried after reading this post.

I am planning to send my wife and son to India. I am not going .
my visa stamping is expired and my wife is going for visa stamping at chennai embassy.
Her first visa stamping also expired. I am on my 7th year of H1.

Will it cause problem ?

Is there anyone who had gone through similar case ?


My wife got her stamp at the UK embassy recently with a copy of my approval notice. No issues (i was not there and do not have a valid stamp)
 
Thank You

Thanks a lot !

msp1976 said:
I had similar situation in July
My wife went to the Mumbai consulate and got her stamp H4
I donot have a stamp..


I guess there is no hard and fast logic to this thing...
Depending on the officers's mood...if he/she got laid yeaterday..etc..etc..
Chennai is more restrictive consulate...Mumbai is relatively less problematic..
Islamabad is going to be far more restricitve than Mumbai or Chennai for reasons I donot need to explain.....
 
again prevailing wage

wlj_wzz said:
Guys, I have a problem with wages and I need your advice. From the screening shot, I found BEC quoted the wrong prevailing wage for my case. I work for an university. However, instead of quoting a higher education wage, they got the industry wage for me. So my pay rate is $2000 more than higher education wage(which should be the one to use), BUT $2000 less than industry wage. I know this error for a while, but didn't worry at all, since its still 95%+ of the prevailing wage. But, from the NOF thread, I read one story that a guy received NOF when his salary is $400 less than prevailing wage. This really scares me. I can see NOf steering my way now. My questions:
1) Anybody got approval while their pay rate is less than prevailing wage, but greater than 95% of prevailing wage?
2) What is the phone number/email attorney or employer can reach PBEC for corrections?
3) Can employer make corrections? My lawyer is as useless as she can be.

Thanks a lot.


I kindda do not understand. They should pay you prevailing wage only after I-485 is approved, aren't they? So it seems the 95% rule is not in effect anymore?
 
Certified

EB3 FL
PD : JANUARY 6 2004
45 days Letter Sep. 4 2005
Website Status: CERTIFIED!!!!! :) :D :D

So, now wath's next?
 
Congratuation~~~!!!

kata said:
EB3 FL
PD : JANUARY 6 2004
45 days Letter Sep. 4 2005
Website Status: CERTIFIED!!!!! :) :D :D

So, now wath's next?

Congratutation~ I have applied the LC from FL.. too.

Would you tell us if you are RIR or NON RIR? (You're not on BECTracker list) and If you have a copy of 45days letter.. please check and tell me who is your certifying officer. Mr. S or Ms. B?

Thank you and Good luck in 140 and 485!!!
 
Still In Process

After waiting for 4 years and and almost 4 months my case is still in process ??

Guys I am from rest of the world and my PD is current now EB3 for rest of the world is now july 2002 My Question is if my labor cleared can I file I-485 from November 1st 2006 . and am I safe if i apply for i-485 before November 30th and in december if my pd is not current I mean God forbid PD in visa bullition goes back instead of moving forward


Please help if you know the answar
 
Tot-Batot

tot-batot said:
Guys and Gurus
I just want to share this good news with you that today I got my Labor approval , my approval letter was generated on October 6, 2006

======
RIR
PD: 12-26-2003
VA

Congratulations, tot-batot!

Your PD is not 11-23-2003? Can you give more details on 45 day letter and first 5 digits of your ETA number. Is your case EB-2 or EB-3 ?

http://www.immigrationportal.com/showthread.php?p=1259855#post1259855

Thanks,
 
I have done it all

GC_from_NJ said:
aycy - I think you should write a strong letter to PBEC as to what happened to the certification letter which you never got. Have they sent it and it got misplaced or something else is going on with your case.

What does the online status link say ? Ideally one gets the certification letter within a month.. :confused:

I have faxed to PBEC, Assistant Secretary Emily DeRocco and even US Congressman Scott Garrett.

The only thing I have is a letter from William Carlson saying that my labor has been approved on August 9 and the notification which includes the certified application has been sent. The letter was dated September 13. Until today neither my HR or employer's representative has received anything. :mad:

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Certified on August 9, 2006
No sign of the notification letter
 
ohio_boy said:
I kindda do not understand. They should pay you prevailing wage only after I-485 is approved, aren't they? So it seems the 95% rule is not in effect anymore?
I wish I knew the answer. What I'm worried about is that they may not deny our cases, but they may delay it for another 2 or 3 months by sending a NOF, asking if the employer agrees to pay 100% in the future. I really hope I'm wrong. Anybody approved with less than 100% salary? Anybody at all?
 
http://flcdatacenter.com/CasePerm.aspx


I downloaded the data files and searched for my case using the Employer's name, but could not find my case there. My PD is June '03 and I have a PEBC number of P-05194-xxxxx. The online tracking site has been showing "In process" for a month now. Any idea why my case won't be in the data files? My case is EB2 RIR with employer based in NY.

Swamy
 
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