Philadelphia Regional DOL Tracker

[antonioa77]

antonioa77:
I am suprised that you are a Civil Engineer.
Because: ME TOO.

I hate to tell you this, but I think you must use Level 2 Prevailing wage. Looks like your case was very similar to mine. We asked for Min MS + 0 exp and was told that my salary didn't meet prevailing wage. The number from SWA was exactly from the the database Level 2.

Did you use a lawyer? If yes, then another damn stupid lawayer. ( maybe we got the same stupid guy?)

starting look for a now job and try PERM.

ya i have the company lawyer. i'm a civil engineer with MS, and i'm really worried about this issue of prevailing wage with ms with 0 experience. if like u r saying i need a level 2 wage which is 69000 in my case, i would be dreaming of a green card under EB-2 with my current employer. i think my lawyer is dumb and i don't kniow what to do.

regards,

 

[antonioa77]

In order to be qualified for EB2 category at the 140 stage, it is required that the job requires at least a MS+0 or in lieu of MS, BS+5 yrs of "progressive" experience should be acceptable. See link below:
EB2 equivalency memo...
http://www.immigrationlinks.com/news/news215.htm

I am not sure if SWA will make a big issue out of the mere absence of the word "senior" in the job title. They look at the job description / responsibilities too. If the job desc says that you will be providing guidance to junior engineers or will be in involved in quality control of other Engineers' work or you will be interfacing with clients to coordinate their needs, then it may sound like a senior engineer position (team leader) based on which they may let you have MS+0 under item 14. Else, SWA may say that the normal requiremnet for "Civil Engineer" (without senior title or supervising responsibilities) is a BS+2 yrs of exp and may then challege MS+0 under item 14.

I was exactly in the same position as you (I had MS+0 yrs exp when I joined my sponsoring employer). However, my company gave me the senior title after 1 yr of employment with them. So my lawyer used the "Sr. Title" in the LC since it was applied after I got the Sr title.

Also, there is another question on ETA form 750A which asks the employer to fill the number of people the alien will be supervising...What did your lawyer enter for that question? My lawyer entered 1 to 3 persons and this makes it a senior level position (something like a team leader and not a manager).

If your company is not very fussy about signing the ETA 750A form and mentioning the Sr. title on the form and if they can state that you will supervise a few persons, then it may sound more convincing for a EB2 case. Also, note that LC is applied by employers for a "future" permanent employment opportunity offered to the alien. It will therefore not matter whether you currently have a "senior" title or not. If an LC with senior title gets approved, and if one uses that LC to get the actual greencard, then the employer MUST give the alien the "senior" title and the specified salary on LC from the day of 485 approval.

well in eta 750 form there is no people that i will supervise.there is no senior thing at all.

do u mean that if i my prevailing wage determination comes from SWa and says it is too low for eb2 otherwise should be level 2, my employer can say ok i go for the change but i will not pay that wage, which i never think he will do it,until u get the green card? in other words, changin the salary would be just fictitious just to get the papers done?

 

[antonioa77]

antonioa77:
I am suprised that you are a Civil Engineer.
Because: ME TOO.

I hate to tell you this, but I think you must use Level 2 Prevailing wage. Looks like your case was very similar to mine. We asked for Min MS + 0 exp and was told that my salary didn't meet prevailing wage. The number from SWA was exactly from the the database Level 2.

Did you use a lawyer? If yes, then another damn stupid lawayer. ( maybe we got the same stupid guy?)

starting look for a now job and try PERM.

if u have the same problem as mine with prevailing wage, with ms +0 experience? what did u do to fix it? did they increase ur salary cn u please explain what was the alternative?

 

[PainfulGC123]

well in eta 750 form there is no people that i will supervise.there is no senior thing at all.

do u mean that if i my prevailing wage determination comes from SWa and says it is too low for eb2 otherwise should be level 2, my employer can say ok i go for the change but i will not pay that wage, which i never think he will do it,until u get the green card? in other words, changin the salary would be just fictitious just to get the papers done?

It is probably going to be hard if the salary increase is fictitious. This is because USCIS may ask to review your last three years of W-2 forms, tax returns for the last 3 yrs (1040s) and EVL (Employment Verification Letter with clearly stated salary), at the final stage of green card (RFE is possible before 485 approval). It may cause a problem at the 485 stage if you are unlucky. Also, if you use AC21 and change employers after 140 is approved and 180 days have passed since 485 was filed, then you will need to have a "same or similar" job (as stated in LC) in a new company to get the 485 approval successfully...I feel there are many quirks in US immigration law...All the paper work filed with DOL / USCIS is to make sure you abide by all the requirements in immigration-law.

 

[yours_sincerely]

Re: Prevailing wages

The prevailing wages indicates that the employer is willing to pay the prevailing wage after the employee gets the Green Card as per my lawyer. I had a prevailing wage query and the NOF said that prevailing for my job was 82,000 approx. and my lawyer said if my employer agrees to pay around 95% of the wage after I get my green card it should be fine.

 

[PainfulGC123]

The prevailing wages indicates that the employer is willing to pay the prevailing wage after the employee gets the Green Card as per my lawyer. I had a prevailing wage query and the NOF said that prevailing for my job was 82,000 approx. and my lawyer said if my employer agrees to pay around 95% of the wage after I get my green card it should be fine.

Thanks for the clarification.

 

[antonioa77]

The prevailing wages indicates that the employer is willing to pay the prevailing wage after the employee gets the Green Card as per my lawyer. I had a prevailing wage query and the NOF said that prevailing for my job was 82,000 approx. and my lawyer said if my employer agrees to pay around 95% of the wage after I get my green card it should be fine.

so what about if my employer just agrees to pay that after u get the green card and when u get the green card he just pay for few months then u decide to leave him? what is the trick there?, it is unclear to me.

do u mean that if when reviewing ur lc application and they say ur prevailing wage is less than it should be, then if the employer agrees to fix it, he should be paying u this amount after u get the green card not from the date he replied positively to the NOF from DOL?

it is really tricky

 

[Bidu]

Pls help .. basic questions

Dear friends
Following is the format of receipt from (on addressed letter head from Virginia employment Commission -3751 Nine Mile Road etc), which is addressed to my attorney. I have some basic questions. Thanks for your time and replies in advance.

Re: Application for Alien Employment Certification, Case number--so and so and Receipt date—March 7, 2004

Subject: Receipt of Application

Your application for Alien Employment Certification has been received in this office. Cases are processed in the order received. As of this date, we are reviewing Reduction in recruitment (RIR)cases received in June 2002 and non-RIR cases received in November 2001.

In order call us to... blah blah blah.. ( not related).

my questions:
1. Is this the receipt for Labor Certification or something else?
2. If this is Labor certification receipt, under what category was my Labor condition application was filed. EB3/EB2 , RIR/NonRIR. Why receipt doesn't clarify same. I remember my attorney was asked by employer to file it as RIR, and EB3.
3. What is my priority date. Is it March 7, 2004? if not what is priority date?
4. What will be worst and worse guesses about when my first stage will get completed in back log reduction center Philadelphia ( I suppose this case will be sent there).
5. If it takes longer regular way, How much time you think If I will get this case converted into PERM.
6. After 1st stage and I140( I know this may sound foolish, but), Can we take a permanent job with / or contractual position through another employer during waiting to get my retrogression of priority date..
or I am bound to work with this employer...

Please do answer all question..

regards

 

[yours_sincerely]

You can leave your employer

You can actually leave your employer after you get your gc (some people play it safe and don't leave for 6 months after they get gc..some people leave using AC21 after 6 months of filing 140 and 485). Anyways, the point is, if your employer does not pay you the wage promised, its his rear end in line not the employee's. Your gc is still yours. So you can either change your job or report "exploitation" to the labor department.

so what about if my employer just agrees to pay that after u get the green card and when u get the green card he just pay for few months then u decide to leave him? what is the trick there?, it is unclear to me.

do u mean that if when reviewing ur lc application and they say ur prevailing wage is less than it should be, then if the employer agrees to fix it, he should be paying u this amount after u get the green card not from the date he replied positively to the NOF from DOL?

it is really tricky

 

[orissa]

DOL Backlog Processing Center E-Mail Status Inquiry System

Sources indicate that the Backlog Processing Centers have in place the e-mail inquiry system for those cases which have been issued 45-day letters. This inquiry will be available only after 90 days of responding to such 45-day letter. The BPC will respond to such e-mail inquiry in three days.

E-mail inquiry requires (1) the exact employer name; (2) First and Last Name of the Alien Beneficiary; and (3) BPC case number which is printed in the 45-day letters. Any inquiries without these entries or premature inquiries or any other inquiries which are not related to the 45-day letters are likely to be ignored. Readers, please do not send the e-mails unless you meet the foregoing requirements.

The e-mail address for Dallas Backlog Processing Center is: status@daldflc.us

Source: immigration-law

 

[orissa]

BEC Processing

That means we have to wait another 90 days or 3 month to see some approval after replying 45 days letter.

Please post your thoughts folks.

 

[Choclito]

BEC Processing

That means we have to wait another 90 days or 3 month to see some approval after replying 45 days letter.

Please post your thoughts folks.

Hi Orisa,
I think that is positive to here this because it means that they will aprove the LC before 90 days from reciveing the reply for the love letter.

 

[GC_Lover]

That means we have to wait another 90 days or 3 month to see some approval after replying 45 days letter.

Please post your thoughts folks.

My attorney/company replied to the letter on Feb 1, does that mean I will hear from BEC by April/May, I honestly do not think so, but I will keep my fingers crossed.

 

[foret1]

That means we have to wait another 90 days or 3 month to see some approval after replying 45 days letter.

Please post your thoughts folks.

i may be wrong, but i don't think it means anything will be approved. perhaps they need that much time before they finish reviewing the info on the file and pushing the button for it to go the the next phase of whatever their process is. perhaps it simply means that by then, it will be fully entered into their system so that you can get a better status on your app. it can mean buch of other things that have nothing to do with approval.
well i am just speculating here. but let's be real: this is BEC we are talking about here. no need to give ourselves false hopes, as much as we need something positive to cling too. of course, i pray they prove me wrong this time.

 

[orissa]

NO letters from BEC

No letter from BEC yet. Anyone received letter case filed 01/02/2003.

Thanks

 

[GC_Lover]

i may be wrong, but i don't think it means anything will be approved. perhaps they need that much time before they finish reviewing the info on the file and pushing the button for it to go the the next phase of whatever their process is. perhaps it simply means that by then, it will be fully entered into their system so that you can get a better status on your app. it can mean buch of other things that have nothing to do with approval.
well i am just speculating here. but let's be real: this is BEC we are talking about here. no need to give ourselves false hopes, as much as we need something positive to cling too. of course, i pray they prove me wrong this time.

I think that means after 90 days they need to send another letter to company/attorney, because since 3 months have passes they must have forgotten about that case.

 

[PainfulGC123]

I think that means after 90 days they need to send another letter to company/attorney, because since 3 months have passes they must have forgotten about that case.

"forgotten" or "not-forgotten" depends on how well they are entering and updating the data in their system.

They had a few glitches in their system while they printed the first set of 45 day letters. Don't know yet whether they have had these software problems fixed.

 

[GC_Lover]

"forgotten" or "not-forgotten" depends on how well they are entering and updating the data in their system.

They had a few glitches in their system while they printed the first set of 45 day letters. Don't know yet whether they have had these software problems fixed.

My guess would be No, because lately we have not seen any posts saying received 45-day letter, not sure what they are up to.

 

[Beam]

That would be crazy...

It took them already 100+ days to get the applications into system to send out the letter, which should simply have an input of yes or no unless it asks for further information, I don't believe it will take them 90 days just to input this info. But of course the laziness or beauracracy in BEC would do it as we have seen in the past.

That means we have to wait another 90 days or 3 month to see some approval after replying 45 days letter.

Please post your thoughts folks.

 

[mamamiax]

45 day love letter

It took them already 100+ days to get the applications into system to send out the letter, which should simply have an input of yes or no unless it asks for further information, I don't believe it will take them 90 days just to input this info. But of course the laziness or beauracracy in BEC would do it as we have seen in the past.

I dont think they have completed data entry. When I spoke to someone she told me still data entry is going on. I have not received my love letter - filed in 2001 and philly 10/2003

Anothet crap.. BRC