ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
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blacktongue
02-22 09:49 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
Not only Marriage. Even father, mother close relative has 3 year wait
Not only Marriage. Even father, mother close relative has 3 year wait
saimrathi
07-11 01:48 PM
I dont know if it was EB2 or EB3... Well filed concurrently on june 30, arrive at NSC on july2.. lets see what happens now... :confused:
Labor PD Mar 2005
congrats. was it EB2 or EB3?
All the best with I-140 (and hopefully a concurrent I-485 depending on how dates move in July :) )
Labor PD Mar 2005
congrats. was it EB2 or EB3?
All the best with I-140 (and hopefully a concurrent I-485 depending on how dates move in July :) )
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ujayra01
07-18 07:18 PM
Bump...Any one please. Thanks.
Hello Gurus,
My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.
I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.
Thanks for your help.
Hello Gurus,
My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.
I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.
Thanks for your help.
more...
breddy2000
01-25 12:32 PM
Any opinions please?
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
shruthi07
06-04 10:47 AM
.
more...
smuggymba
10-05 08:23 PM
a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.
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YesGC_NoGC
08-04 09:00 PM
I don't see anything new implemented to give us more than that we already had.
more...
alterego
12-03 12:23 AM
Yeah but why LUDs on a Sunday?
Lots of weird stuff. Perhaps something automated.
Lots of weird stuff. Perhaps something automated.
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vnsriv
11-12 11:57 AM
If you go for a permanent position, drug test & background checks are very common and also the process is very simple. Also it depends on the type of sector, for e.g if you go in medicare drug test is must, similarily if you go for financial majors, fingerprinting is common.
If you are clean you shouldn't worry. Good luck and congrats for new job.
Cheers
If you are clean you shouldn't worry. Good luck and congrats for new job.
Cheers
more...
DSLStart
09-22 09:14 AM
sit back and relax for 5 years and don't get involved in any crime ;-)
I recently got my gc. Is there anything I need to do to initiate my Citizenship process ?
Thanks,
theOne
I recently got my gc. Is there anything I need to do to initiate my Citizenship process ?
Thanks,
theOne
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kirupa
04-09 11:44 PM
Added yours up ya3 :) uber, yours is nice also, but I like the colors in ya3's more.
more...
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paskal
10-02 05:39 PM
Hi Guys,
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
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spicy_guy
11-15 11:08 AM
Will lame-duck Congress settle differences or scores? - CNN.com (http://www.cnn.com/2010/POLITICS/11/15/lame.duck.congress/index.html?eref=mrss_igoogle_cnn)
more...
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gcformeornot
02-19 06:10 PM
__
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surabhi
06-03 09:54 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
From Ron Gotcher
http://www.immigration-information.com/forums/showthread.php?p=13499
He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
From Ron Gotcher
http://www.immigration-information.com/forums/showthread.php?p=13499
He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.
more...
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saravanaraj.sathya
07-25 12:45 PM
I think we should make this thready a sticky so that everyone could reply.
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alterego
09-14 08:48 PM
Do you have a good relationship with your employer. If so, if you can get your hands on the BEC letter, ie requesting your employer whether they want to continue with the processing, then it is on that letter.
The next question is should you continue with such an oppressive counsel at the next stage? Perhaps the lawyer is colluding with your employer, that would be truly difficult, since they could then just sit on the approved labour and not even file 140. You need to try and find out their intent soon.
The next question is should you continue with such an oppressive counsel at the next stage? Perhaps the lawyer is colluding with your employer, that would be truly difficult, since they could then just sit on the approved labour and not even file 140. You need to try and find out their intent soon.
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rkp27
07-03 07:25 AM
GCSlave
What is your priority date ?
What is your priority date ?
stemcell
06-24 10:52 AM
There is actually a thread already on this program.
485Question
09-18 12:32 PM
Feeling bad for not making it. Looking forward to see our heros pics and videos
Live
http://dcrally.blogspot.com/2007/09/live-photo.html
Live
http://dcrally.blogspot.com/2007/09/live-photo.html