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  • belmontboy
    11-17 02:19 AM
    [source: http://www.jackson-hertogs.com/misc/permdesc.htm]

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.





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  • GotGC??
    03-09 12:36 PM
    No surprises here...from Murthy Bulletin:


    2. Employment-Based Visa Number Predictions

    We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA), which was attended by several attorneys from our firm. Mr. Oppenheim was kind enough to share his office’s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the “trickling effect” of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of “doubling dipping” for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.





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  • hnordberg
    June 12th, 2004, 12:35 PM
    ]']I only own a Tamron 28-200 XR at the moment :), mounted in my 300D :) . But maybe is possible to create big bubbles using bath gel... I should try :D .
    You can get extension tubes and/or a front lens attachment for close-up work with your 28-200. Close-up is so much fun, so get some cheap stuff (e.g., Kenko extension tubes) and start shooting! Don't worry about the quality of the equipment when starting out. You take great pictures with simple and cheap equipment. And consider flashing your 300D with the Russian hack to get mirror lockup. I haven't done it yet, but I am thinking about it. Hmm, might make for an interesting poll in the 300D forum....

    Level I/II/III/IV wages and EB2 [Archive] - Immigration Voice

    View Full Version : Level I/II/III/IV wages and EB2






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  • milmuk
    07-23 11:24 AM
    Hi,
    I am planning to renew my AP while in India. What is the procedure to do this?

    My details :
    Applied for H1 transfer - Dec 15,2008 - normal category -still pending
    Ap - valid till Nov 2009
    EAD - valid till Nov 2010.Using AC21 for working with the present employer.

    I came back to India in March, after completing the project.
    My present employer wants me to come to the US only when I have a project in hand.
    Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
    I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.

    In this scenario, I am still not sure, if coming back to US will be a good option or not.
    But I may need to come if the AP renewal is not possible from India.

    In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?

    Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
    My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
    I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
    Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
    I am not very confortable with this situation.
    I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
    I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
    Can you give me some guidence on this?



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  • nrakkati
    08-15 01:52 PM
    was it send to nebraska or texas ?

    Nebraska.





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  • mali03
    05-25 08:04 AM
    called LINDSAY GRAHAM'S office!



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  • meridiani.planum
    12-13 06:26 PM
    you are a sheer genius (or should I say genie-ASS).

    Yesterday you posted a link from Murthys website:
    http://immigrationvoice.org/forum/showthread.php?t=16081
    got beatings for that. Went away for a while. Now you come back with a posting from Mathhew Oh's website.
    In neither case you posted a link to where you go the information from (also removed the copyright notice that Murthy puts up on all her postings), act as if its some "breaking news" when we have all read it ages ago, and are barely recovering from the hangover.
    You are probably expecting flowers, but will receive brickbats. Again.





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  • senthil1
    11-17 03:12 PM
    Yes it is true. I remember companies like Cisco did not file for a few years from 2001 after they were doing layoffs because of the restriction by DOL. Then they restarted after 2004

    It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.



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  • hsm2007
    09-20 07:28 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.





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  • pd052009
    09-08 12:32 PM
    How far are we from hearing that H1/L1 is banned for Govt/Pvt projects?
    Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS



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  • bfadlia
    03-18 02:56 PM
    would that invalidate the SSN?





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  • dealsnet
    10-09 04:40 PM
    You want to take him to India permanent ?
    Any family problem?
    He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav



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  • indyanguy
    12-19 06:13 PM
    Husband + Wife - 1 Application

    Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck

    Can you explain how "follow to join" works? Thanks





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  • RiaonH4
    01-18 11:30 AM
    FALSE STATEMENT - law was changed couple of years ago.

    How can they advertise it on Sulekha with an incorrect statement???


    Ria



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  • chanduv23
    07-25 12:13 PM
    Gurus, tell me one thing.

    After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?

    It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try





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  • brad_sk2
    09-26 12:30 PM
    How long does it take to get EAD card by post after Finger printing is done?

    I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.



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  • nfinity
    06-18 10:46 PM
    My lawyer asked me to put the control #!! Who is right?





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  • Ann Ruben
    07-20 07:33 AM
    without seeing your son's complete record and carefully researching the NY criminal code, it is impossible to give correct legal advice.





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  • psaxena
    02-04 07:24 PM
    Hi All,
    I have created the evite invitation for the members who would like to attend the Meet & Greet Event. The location is not yet decided but can be decided based on the number of participants.

    Please find below the link for the evite.
    http://www.evite.com/pages/invite/viewInvite.jsp?inviteId=FCRJTQXZAHRPZTMFUNXT&li=iq&src=email&trk=aei6

    Before entering the details please make sure in the "Reply Here" box to click on
    "NOT member.iv@gmail.com" and then enter you name and members attending the potluck item you will be bringing. please refer to the comments of the other members attending the event to bring in more variety.

    Lets make this event successful. Small steps to our successful future.
    All the best.





    justin150377
    07-17 02:20 PM
    Screw Murthy !!! I have never seen him picking up any good news.

    Murthy is a she...and I would but I'm not single. ;)





    kunjirs
    03-07 03:01 PM
    I am in the same boat. Filed EAD on DEC 10 2010 with TSC and still waiting. Contacted USCIS Customer Support and create Expedite Request last Friday. I was told that I will hear back in 5 days. Will post back if I hear anything.



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