Wage determination and timeline
- Thread starter nazar05
- Start date
johnnymnemonic
Registered Users (C)
After denial, can I file again for I 485? You right about CIR and worries.
One more question Johnny (if you have one minute): if I have been working for the company that sponsors me since 10/2007. Does my lawyer should mark that I gained the required experience through my company?
Did the alien gain any of the qualifying experience with the employer in a
position substantially comparable to the job opportunity requested?
My lawyer said: NO but later he put my company in Part 1 Alien Work Experience.
Also I have a little concern about Part H question 10:
10. Is experience in an alternate occupation acceptable? NO
10-A. If Yes, number of months experience in alternate
occupation required: N/A
10-B. Identify the job title of the acceptable alternate occupation:
SHOULD BE "N/A" ?
Sorry but the more I read the less I know... I'm afraid DOL wants to reject my application because it's going to look like I am the only person who fits the requirements....
Thank you Johnny and all of you.
Did the alien gain any of the qualifying experience with the employer in a
position substantially comparable to the job opportunity requested?
My lawyer said: NO but later he put my company in Part 1 Alien Work Experience.
Also I have a little concern about Part H question 10:
10. Is experience in an alternate occupation acceptable? NO
10-A. If Yes, number of months experience in alternate
occupation required: N/A
10-B. Identify the job title of the acceptable alternate occupation:
SHOULD BE "N/A" ?
Sorry but the more I read the less I know... I'm afraid DOL wants to reject my application because it's going to look like I am the only person who fits the requirements....
Thank you Johnny and all of you.
johnnymnemonic
Registered Users (C)
doody32
uss this link and you'll know all you need to about filing PERM
http://www.flynnclark.com/Perm Form ver 8 2 Suffolk _2_.pdf
uss this link and you'll know all you need to about filing PERM
http://www.flynnclark.com/Perm Form ver 8 2 Suffolk _2_.pdf
Hey all, we're still waiting with no news. The lawyers are strict about not setting up a sub account for us, so all we do is wait. DOODIE thank you EB-3 IS current, wow! I hope we'll catch this train, if not I'm skeptical about bureaucratic changes but still. I don't know, I'm confused about the legal timeframe for the new bill. Some, like unsure, are more skeptical, some just want to see it renewed. So, as always, more waiting and more hoping.
Unsure thanx for sharing about EAD, I had read about its drawbacks elsewhere but somehow got the impression that everyone went down that route. So after all it's possible not to apply for them, eh? Thank you. The more I read the more perplexed I get
Take care, keep in touch, waiting for the good news.
Unsure thanx for sharing about EAD, I had read about its drawbacks elsewhere but somehow got the impression that everyone went down that route. So after all it's possible not to apply for them, eh? Thank you. The more I read the more perplexed I get
Take care, keep in touch, waiting for the good news.
Hi nazar05,
How are you? Hope all is going well. No subaccount for us either, but the HR promised to peek in the account from time to time. It is possible to adjust status without EAD and AP, so we decided that this is what we will do. Plus, it is less money.
Take care
How are you? Hope all is going well. No subaccount for us either, but the HR promised to peek in the account from time to time
. It is possible to adjust status without EAD and AP, so we decided that this is what we will do. Plus, it is less money. Take care
johnnymnemonic
Registered Users (C)
CIR IS BACK!!!!
Point system goes into effect earliest on Oct 1 2008 and the they will stop accepting new 140 petitions as soon as the bill passes. Which would mean that if your 140 was not filed before May 15th (date of introduction of the bill), then you cannot use just the approved labor to get H1 extensions, since they repeal AC21's 2 provisions. Also, you can apply for merits system to qualify for extensions but merits system wont start accepting files before Oct 1 2008. There is a one year blackout period in employment based greencard filing between the bill signing and Oct 1 2008. During this year if you need H1 extensions you need to have a 140 that was filed before May 15th 2007. Otherwise you are done.
Point system goes into effect earliest on Oct 1 2008 and the they will stop accepting new 140 petitions as soon as the bill passes. Which would mean that if your 140 was not filed before May 15th (date of introduction of the bill), then you cannot use just the approved labor to get H1 extensions, since they repeal AC21's 2 provisions. Also, you can apply for merits system to qualify for extensions but merits system wont start accepting files before Oct 1 2008. There is a one year blackout period in employment based greencard filing between the bill signing and Oct 1 2008. During this year if you need H1 extensions you need to have a 140 that was filed before May 15th 2007. Otherwise you are done.
johnnymnemonic
Registered Users (C)
Hi unsure and nazar,
How is going on with the Perm?
How is going on with the Perm?
Hey Johnny, is blackout period something explicitly mentioned in the bill or are you expressing an opinion? Skimming through the bill, I couldn't pinpoint it that's why I'm asking.
Because we're in the final year of our H1 and were relying on the 140 approval for a 3-yr extension (which of course will not happen before May 15as we're past that date) this news is of concern to me.
As a lawyer, I find it hard to believe that the lawmaker would knowingly leave a gap of 1 year for ongoing applications. I'd appreciate any clarifications.
Other than that, we're not expecting any news anytime soon, as Atlanta seems to take incerdibly long with PERM applications.
Unsure- thanks for the EAD again, I think a lot of things are happening at the same time (or trying to happen) and reading is kind of unnerving, so we're taking things one at a time, hoping for the best but not hoping too much.
Take care.
Because we're in the final year of our H1 and were relying on the 140 approval for a 3-yr extension (which of course will not happen before May 15as we're past that date) this news is of concern to me.
As a lawyer, I find it hard to believe that the lawmaker would knowingly leave a gap of 1 year for ongoing applications. I'd appreciate any clarifications.
Other than that, we're not expecting any news anytime soon, as Atlanta seems to take incerdibly long with PERM applications.
Unsure- thanks for the EAD again, I think a lot of things are happening at the same time (or trying to happen) and reading is kind of unnerving, so we're taking things one at a time, hoping for the best but not hoping too much.
Take care.
johnnymnemonic
Registered Users (C)
Hi nazar
I am so worried about BILL. I have 39 days of waiting: http://www.trackitt.com/usa-immigration-trackers/atlanta-perm-tracker/
Do you imagine IF the BILL will be approved a lot of intellectual people with EB will going crazy!!Money, time, nerve...
Hi nazar05,
I read most of the bill (S1348) and did not find any dates of enforcement in it! The bill says that it will not take effect until the border is secured and the employment verification system is in place. It is estimated this will take about 2 years? I also read what our local newspaper says (reprints from AP) and did not find what johnny says.
I don't know if you remember the H1B quota from 2005? The masters increase was a law (voted by both Senate and House, signed as a bill) and they did not enforce it from 2005 as they were supposed to, because the rules how to apply this law were not ready!! It took effect the next year, 2006. This very well can happen with CIR bill too.
Law making apparently is a slow process. I am also sceptical how this bill will pass the House. In May 2006 there was another bill (S1346 remember it?), it was not that radical and the House still refused to sign, so it died. I am not worrying until it is voted by both levels and signed by the president ...
Take care
johnnymnemonic
Registered Users (C)
we'll see....
johnnymnemonic
Registered Users (C)
Immigration Reform Proposal : Senate Compromise
Posted May 25, 2007
©MurthyDotCom
On May 17, 2007, an agreement was reached between the Administration and certain senators from both of the major political parties regarding a proposed immigration reform bill. This proposal has drawn a great deal of media attention and is being hotly debated. The proposal itself is extremely lengthy, spanning hundreds of pages. MurthyDotCom and MurthyBulletin readers should keep in mind that the law will not change unless and until legislation is passed by both the Senate and the House of Representatives, and signed by the President. What follows is a summary of the key provisions of the proposed bill. It is important to understand that this legislation still is being debated. The provisions, therefore, are subject to change. Amendments and compromise are part of the legislative process. The changes this piece of legislation would bring about, if enacted in their current form or a variation of their current form, would be sweeping. They ultimately would change the entire immigration system as we now know it.
©MurthyDotCom
Improved Border Security - Effective Date Triggers
©MurthyDotCom
The bill contains various enhancements to border patrol and security. The benefits provisions, which span both temporary immigration categories (nonimmigrant) and permanent (immigrant / green card) provisions, cannot go into effect until certain security measures are met. In addition to direct border security, there are also provisions for workplace enforcement measures and employee verification.
©MurthyDotCom
Border Enforcement
©MurthyDotCom
The bill provides for increased hiring in areas related to border protection, as well as the purchase of technology enhancements. There are numerous other border enforcement provisions, ranging from biometric data improvements to the establishment of various studies and review commissions.
©MurthyDotCom
Interior Enforcement
©MurthyDotCom
Enforcement mechanisms extend beyond the border. The bill provides for an increased number of trial attorneys, USCIS adjudicators, attorneys, judges, and others who are involved in case adjudication. The interior enforcement mechanisms are also lengthy and extensive. They include: increased penalties for gang violence; changes to the definition of aggravated felony; increased penalties related to removal and illegal entry; reform of passport, visa, and immigration fraud offenses; and broader Department of Homeland Security (DHS) authority to cancel visas.
©MurthyDotCom
Employment Verification System
©MurthyDotCom
The proposal rewrites provisions relating to the illegality of knowingly employing undocumented foreign nationals. It has provisions to improve an employer's ability to verify the employee's identity and eligibility to work, and increase penalties for failures on the part of the employer. The government would establish an electronic eligibility verification system, with required employer participation.
©MurthyDotCom
Also included within these provisions are allowances for the sharing of information between the Social Security Administration and the DHS. There are also measures to enhance the security of Social Security cards.
©MurthyDotCom
NONIMMIGRANT PROVISIONS
©MurthyDotCom
New Temporary Worker (Y Visa) Program
©MurthyDotCom
The law would create a new Y visa in the category of temporary visas. This would replace the current H2A and H2B temporary worker programs, and would not go into effect until the enforcement triggers, described above, were satisfied.
©MurthyDotCom
The Y visa would have a maximum admission period of two years, which could be renewed three times. However, the foreign national would have to spend one year out of the U.S. between each two-year period. There are annual numerical limits.
©MurthyDotCom
If family members are joining, the individual must be able to show that s/he has income at 150 percent of the poverty level and has health insurance for the dependants. Persons who overstay this category are permanently barred from admission to the U.S.
©MurthyDotCom
An employer must petition for the Y visa after obtaining a certification of the position from the Department of Labor. This requires recruitment of U.S. workers and payment of the prevailing and/or actual wage, as well as providing the same working conditions as those for U.S. workers. There are also provisions for seasonal agricultural workers.
©MurthyDotCom
Changes for Students include Longer OPT
©MurthyDotCom
The proposal would extend the period of Optional Practical Training (OPT) following graduation to 24 months, from the current 12 months. It would create an F-4 student category for students seeking advanced degrees in math, engineering, technology, or the physical sciences. Some students would be granted dual intent.
©MurthyDotCom
H1B Changes : Increased Numbers
©MurthyDotCom
This provision would increase the H1B cap to 115,000 for Fiscal Year (FY) 2008, and would permit the DHS to set the annual cap at up to 180,000 visas. It would alter the ability to obtain H1B extensions beyond the current six-year limit to some type of one-year extension for merit-based adjustment applicants.
©MurthyDotCom
There are increased requirements that employers would have to meet in terms of non-displacement of U.S. workers and good-faith recruitment attestations. It also would limit the H1B workers permitted to employers with 50 or more employees to 50 percent of their workforce.
©MurthyDotCom
L-1 Changes : Fraud and Abuse Protections
©MurthyDotCom
The proposed law contains changes aimed at L-1 cases for companies establishing new offices in the United States. Such a case can only be approved if the beneficiary has not been the beneficiary of two or more petitions within the past two years. The employer must have an adequate business plan, the necessary office space to carry out the plan, as well as sufficient finances to move forward with the business upon approval of the L-1 petition.
©MurthyDotCom
Conrad Program for J-1 Waivers
©MurthyDotCom
This state program for J-1 waivers for physicians would be made permanent. It would also allow certain states that have used all of their 30 waiver slots to obtain an additional 20 slots in certain circumstances.
©MurthyDotCom
GREEN CARD REFORM
©MurthyDotCom
Family
©MurthyDotCom
The family-based visa numbers would be increased to 567,000 until pre-May 2005 backlogs are eliminated.
©MurthyDotCom
Employment
©MurthyDotCom
The employment category is referred to as "merit." This sets three different worldwide ceiling levels. For the first five years after enactment of the proposal, the level would be set at a number that is believed to be 247,000. Of this number, 90,000 would be set aside for eliminating backlogs and 10,000 set aside for exceptional Y visa holders.
©MurthyDotCom
For the following three or four years (until the first undocumented workers can adjust status), the level would be set at 140,000 with the same set aside for eliminating backlogs. Once undocumented workers can adjust status, the level increases to 380,000. There will be supplemental allocations for these individuals.
©MurthyDotCom
Merit-Based System for Immigrants
©MurthyDotCom
In an enormous revision of the current system, the proposal would do away with the entire employment preference system for EB1, EB2, and EB3, and would replace it with a merit-based point system. Labor certifications would end. In the point-based system, points would be assigned for employment, education, English and civics, and extended-family connections. Important factors for employment include whether the employment is a specialty occupation, a high-demand occupation, or is in the sciences, technology, engineering, or a health-related field. Higher degrees receive higher point values, with extra points for degrees in the sciences, technology, and engineering or health fields.
©MurthyDotCom
Reducing Chain Migration
©MurthyDotCom
Chain migration is the term used for one family member sponsoring the next, until the whole family is in the United States. This proposal would eliminate the following family preference categories: FB1 (adult, unmarried sons and daughters of U.S. citizens), F2B (unmarried sons and daughters over 21 of U.S. permanent residents), FB3 (married sons and daughters of U.S. citizens), and FB4 (brothers and sisters of U.S. citizens). It redefines immediate relatives to exclude parents of U.S. citizens and, instead, would establish a new preference category for parents of U.S. citizens, with an annual limit of only 40,000.
©MurthyDotCom
It also would allocate 440,000 visa numbers for reducing pre-May 2005 family category backlogs.
©MurthyDotCom
Legalization : Z Visa
©MurthyDotCom
In what is a hotly-debated legal issue, the legislation would create a Z nonimmigrant visa category for persons who are in the U.S. in an undocumented status. These individuals would have to show that they have been in the U.S. since January 1, 2007. There are a number of detailed requirements, including payment of penalties. The details of this category will be analyzed more fully, if the legislation progresses. It appears that the goal is to clear out the backlog in both the family and employment categories prior to the time when any Z nonimmigrants would be eligible to obtain permanent residence.
Posted May 25, 2007
©MurthyDotCom
On May 17, 2007, an agreement was reached between the Administration and certain senators from both of the major political parties regarding a proposed immigration reform bill. This proposal has drawn a great deal of media attention and is being hotly debated. The proposal itself is extremely lengthy, spanning hundreds of pages. MurthyDotCom and MurthyBulletin readers should keep in mind that the law will not change unless and until legislation is passed by both the Senate and the House of Representatives, and signed by the President. What follows is a summary of the key provisions of the proposed bill. It is important to understand that this legislation still is being debated. The provisions, therefore, are subject to change. Amendments and compromise are part of the legislative process. The changes this piece of legislation would bring about, if enacted in their current form or a variation of their current form, would be sweeping. They ultimately would change the entire immigration system as we now know it.
©MurthyDotCom
Improved Border Security - Effective Date Triggers
©MurthyDotCom
The bill contains various enhancements to border patrol and security. The benefits provisions, which span both temporary immigration categories (nonimmigrant) and permanent (immigrant / green card) provisions, cannot go into effect until certain security measures are met. In addition to direct border security, there are also provisions for workplace enforcement measures and employee verification.
©MurthyDotCom
Border Enforcement
©MurthyDotCom
The bill provides for increased hiring in areas related to border protection, as well as the purchase of technology enhancements. There are numerous other border enforcement provisions, ranging from biometric data improvements to the establishment of various studies and review commissions.
©MurthyDotCom
Interior Enforcement
©MurthyDotCom
Enforcement mechanisms extend beyond the border. The bill provides for an increased number of trial attorneys, USCIS adjudicators, attorneys, judges, and others who are involved in case adjudication. The interior enforcement mechanisms are also lengthy and extensive. They include: increased penalties for gang violence; changes to the definition of aggravated felony; increased penalties related to removal and illegal entry; reform of passport, visa, and immigration fraud offenses; and broader Department of Homeland Security (DHS) authority to cancel visas.
©MurthyDotCom
Employment Verification System
©MurthyDotCom
The proposal rewrites provisions relating to the illegality of knowingly employing undocumented foreign nationals. It has provisions to improve an employer's ability to verify the employee's identity and eligibility to work, and increase penalties for failures on the part of the employer. The government would establish an electronic eligibility verification system, with required employer participation.
©MurthyDotCom
Also included within these provisions are allowances for the sharing of information between the Social Security Administration and the DHS. There are also measures to enhance the security of Social Security cards.
©MurthyDotCom
NONIMMIGRANT PROVISIONS
©MurthyDotCom
New Temporary Worker (Y Visa) Program
©MurthyDotCom
The law would create a new Y visa in the category of temporary visas. This would replace the current H2A and H2B temporary worker programs, and would not go into effect until the enforcement triggers, described above, were satisfied.
©MurthyDotCom
The Y visa would have a maximum admission period of two years, which could be renewed three times. However, the foreign national would have to spend one year out of the U.S. between each two-year period. There are annual numerical limits.
©MurthyDotCom
If family members are joining, the individual must be able to show that s/he has income at 150 percent of the poverty level and has health insurance for the dependants. Persons who overstay this category are permanently barred from admission to the U.S.
©MurthyDotCom
An employer must petition for the Y visa after obtaining a certification of the position from the Department of Labor. This requires recruitment of U.S. workers and payment of the prevailing and/or actual wage, as well as providing the same working conditions as those for U.S. workers. There are also provisions for seasonal agricultural workers.
©MurthyDotCom
Changes for Students include Longer OPT
©MurthyDotCom
The proposal would extend the period of Optional Practical Training (OPT) following graduation to 24 months, from the current 12 months. It would create an F-4 student category for students seeking advanced degrees in math, engineering, technology, or the physical sciences. Some students would be granted dual intent.
©MurthyDotCom
H1B Changes : Increased Numbers
©MurthyDotCom
This provision would increase the H1B cap to 115,000 for Fiscal Year (FY) 2008, and would permit the DHS to set the annual cap at up to 180,000 visas. It would alter the ability to obtain H1B extensions beyond the current six-year limit to some type of one-year extension for merit-based adjustment applicants.
©MurthyDotCom
There are increased requirements that employers would have to meet in terms of non-displacement of U.S. workers and good-faith recruitment attestations. It also would limit the H1B workers permitted to employers with 50 or more employees to 50 percent of their workforce.
©MurthyDotCom
L-1 Changes : Fraud and Abuse Protections
©MurthyDotCom
The proposed law contains changes aimed at L-1 cases for companies establishing new offices in the United States. Such a case can only be approved if the beneficiary has not been the beneficiary of two or more petitions within the past two years. The employer must have an adequate business plan, the necessary office space to carry out the plan, as well as sufficient finances to move forward with the business upon approval of the L-1 petition.
©MurthyDotCom
Conrad Program for J-1 Waivers
©MurthyDotCom
This state program for J-1 waivers for physicians would be made permanent. It would also allow certain states that have used all of their 30 waiver slots to obtain an additional 20 slots in certain circumstances.
©MurthyDotCom
GREEN CARD REFORM
©MurthyDotCom
Family
©MurthyDotCom
The family-based visa numbers would be increased to 567,000 until pre-May 2005 backlogs are eliminated.
©MurthyDotCom
Employment
©MurthyDotCom
The employment category is referred to as "merit." This sets three different worldwide ceiling levels. For the first five years after enactment of the proposal, the level would be set at a number that is believed to be 247,000. Of this number, 90,000 would be set aside for eliminating backlogs and 10,000 set aside for exceptional Y visa holders.
©MurthyDotCom
For the following three or four years (until the first undocumented workers can adjust status), the level would be set at 140,000 with the same set aside for eliminating backlogs. Once undocumented workers can adjust status, the level increases to 380,000. There will be supplemental allocations for these individuals.
©MurthyDotCom
Merit-Based System for Immigrants
©MurthyDotCom
In an enormous revision of the current system, the proposal would do away with the entire employment preference system for EB1, EB2, and EB3, and would replace it with a merit-based point system. Labor certifications would end. In the point-based system, points would be assigned for employment, education, English and civics, and extended-family connections. Important factors for employment include whether the employment is a specialty occupation, a high-demand occupation, or is in the sciences, technology, engineering, or a health-related field. Higher degrees receive higher point values, with extra points for degrees in the sciences, technology, and engineering or health fields.
©MurthyDotCom
Reducing Chain Migration
©MurthyDotCom
Chain migration is the term used for one family member sponsoring the next, until the whole family is in the United States. This proposal would eliminate the following family preference categories: FB1 (adult, unmarried sons and daughters of U.S. citizens), F2B (unmarried sons and daughters over 21 of U.S. permanent residents), FB3 (married sons and daughters of U.S. citizens), and FB4 (brothers and sisters of U.S. citizens). It redefines immediate relatives to exclude parents of U.S. citizens and, instead, would establish a new preference category for parents of U.S. citizens, with an annual limit of only 40,000.
©MurthyDotCom
It also would allocate 440,000 visa numbers for reducing pre-May 2005 family category backlogs.
©MurthyDotCom
Legalization : Z Visa
©MurthyDotCom
In what is a hotly-debated legal issue, the legislation would create a Z nonimmigrant visa category for persons who are in the U.S. in an undocumented status. These individuals would have to show that they have been in the U.S. since January 1, 2007. There are a number of detailed requirements, including payment of penalties. The details of this category will be analyzed more fully, if the legislation progresses. It appears that the goal is to clear out the backlog in both the family and employment categories prior to the time when any Z nonimmigrants would be eligible to obtain permanent residence.
Hi guys,
I have one more question: if you apply for GC under EB-2/Eb-3 (professional) category it is required or not to have a professional journal ad? My friend's lawyer says that it is not required now and 2 Sundays ads meet the requirements. Is it correct? The lawyer (from NYC) says it is very hard to find a professional journal for real estate managers in Manhattan so he is going to put 2 Sunday ads. What do you think of it?
Thank you)
I have one more question: if you apply for GC under EB-2/Eb-3 (professional) category it is required or not to have a professional journal ad? My friend's lawyer says that it is not required now and 2 Sundays ads meet the requirements. Is it correct? The lawyer (from NYC) says it is very hard to find a professional journal for real estate managers in Manhattan so he is going to put 2 Sunday ads. What do you think of it?
Thank you
)
Last edited by a moderator:
johnnymnemonic
Registered Users (C)
Hi guys,
I have one more question: if you apply for GC under EB-2/Eb-3 (professional) category it is required or not to have a professional journal ad? My friend's lawyer says that it is not required now and 2 Sundays ads meet the requirements. Is it correct? The lawyer (from NYC) says it is very hard to find a professional journal for real estate managers in Manhattan so he is going to put 2 Sunday ads. What do you think of it?
Thank you
Professional news paper: NEW YORK TIMES!!!!
My cost for NYT was $780.Good morning, tried to post yesterday but the server was too busy.
Dear Unsure- I'm with you on this one, the bill (and I DO remember the whole excitement from last year) is not in its final stage yet and plus should it pass they'll need a lot of sub regulations to set up ongoing applications so I'll wait, read and not worry too much.
Dear Johnny- Thanks for all the info, you're so right to read into the new events, I sincerely hope that the already filed PERMS and their follow ups will remain unaffected. Keep up the news!
Doody- good luck.
Take care.
Dear Unsure- I'm with you on this one, the bill (and I DO remember the whole excitement from last year) is not in its final stage yet and plus should it pass they'll need a lot of sub regulations to set up ongoing applications so I'll wait, read and not worry too much.
Dear Johnny- Thanks for all the info, you're so right to read into the new events, I sincerely hope that the already filed PERMS and their follow ups will remain unaffected. Keep up the news!
Doody- good luck.
Take care.
johnnymnemonic
Registered Users (C)
I will try not worry to much. I was reading about backlog:
As per the Visa Bulletin for July 2007, all EBGC categories and all contries will be current, i.e. can file I-485 (and file for EADs and APs), so, it's almost like removing a lock on a water dump, all previuosly retrogressed cases can file, and sure rightfully will, which will create a HUGE backlog for us still waiting for our labor approvals... such as life...
Professional news paper: NEW YORK TIMES!!!!
Johnny... thank you
) Do you know any other professional newspapers in NYC? The cost of the ad (just for one Sunday) is $2,102 My friend just got email from them with this price. BTW - does it have to be Sunday? Or if it is professional is it possible to print it any weekday? My price for professional was $200 (NJ)
)