supers789
07-23 03:01 PM
got following from another iv thread..
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
GCeffect
12-16 01:35 AM
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
solaris27
02-11 09:07 AM
In this forum you will not find a lot of peoples who won lottery .
but is my personal openion that you can't use your lottery case priority date for your eb3 case?
but is my personal openion that you can't use your lottery case priority date for your eb3 case?
Euclid
03-19 09:55 PM
Actually, what your HR says makes no sense. You *are* presenting a list A document. According to the receipt rule "the receipt for the replacement suffices (for 90 days) wherever the actual would have sufficed" (I paraphrase).
So you are in effect presenting a list A document.
Get some talking points from the net and argue this out with them.
So you are in effect presenting a list A document.
Get some talking points from the net and argue this out with them.
more...
dealsnet
08-05 11:56 AM
You will receive the paper welcome letter within one week.
Physical card will receive within 10 days. I did receive the physical card after the day I have received the email 'approval notice send'.
About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.
ADIT (I-551) stamping
•
Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
•
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Don't worry. Minor things.
Thanks Dealsnet;
Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?
Just curious to know, if you have any info.. :)
thanks,:)
Physical card will receive within 10 days. I did receive the physical card after the day I have received the email 'approval notice send'.
About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.
ADIT (I-551) stamping
•
Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
•
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Don't worry. Minor things.
Thanks Dealsnet;
Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?
Just curious to know, if you have any info.. :)
thanks,:)
Circus123
01-09 02:50 PM
Extrapolating the Einstein equation E =mc2 I get the following results :
EB3 June 01
EB2 Dec 2000
EB3 June 01
EB2 Dec 2000
more...
rjgleason
January 5th, 2005, 02:08 PM
Just some saturation on the reds...but that's how it looks in real life
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
h1b_tristate
07-28 07:53 AM
U will get a 3 year H1-B with the new employer.
i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
--MC
Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).
i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
--MC
Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).
more...
kshitijnt
07-03 03:44 PM
agree with amsgc regarding H1 "transfer"
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
sanz
12-21 04:40 PM
Good to know someone at least thought about our poor souls
http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”
One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”
One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
more...
miguy
06-25 10:22 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
jest_1
03-15 08:15 AM
Even if your visa is expired, if you have valid approval notice, you do not need airport visa. You can refer to the following website: http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
Exception 4 applies to India.
Exception 4 applies to India.
more...
logiclife
06-01 07:04 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
gcformeornot
08-21 10:59 AM
Is this anything to do with PD?
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
more...
akred
03-26 12:45 AM
My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.
forever_waiting
04-07 08:35 PM
its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.
more...
sanjay02
11-22 04:49 PM
Hi
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
lostinbeta
10-21 12:27 AM
Sometimes I have an idea of what I am going for in my head. In a case like that I do everything I can and try and find anyway I can do achieve a near effect as the one in my head.
But most of the time I let my imagination take me where it wants at that moment.
It isn't edwins comp that does it.... it is part of edwins amazing ability :beam:
But most of the time I let my imagination take me where it wants at that moment.
It isn't edwins comp that does it.... it is part of edwins amazing ability :beam:
pnjbindia
10-08 03:07 PM
Monkeyman,
I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
arnet
09-15 01:18 PM
if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.
questforgc
08-26 02:47 PM
Thanks for the info bluez. I think i will stick with my AOS.
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