cbpds
06-25 05:58 PM
Well dont you work for less?.....based on the market rate?
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
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letstalklc
08-27 05:01 PM
Yes,
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
EB3June03
06-18 01:08 PM
From:- http://www.cdc.gov/ncidod/dq/pdf/civil_surgeon_ltr.pdf
Technical Instructions for Civil Surgeons
A new TB classification (Class B: Latent TB Infection Needing Evaluation for Treatment) should be used for all applicants who are recent arrivals to the United States (less than 5 years) from countries with a high TB prevalence, with a Mantoux TST reaction of 10 mm or greater of induration, and no evidence of TB disease. See Section V of the TB Technical Instructions for other conditions for which referral for evaluation for treatment of latent TB infection is recommended. The civil surgeon should pro-actively contact the TB Control Program of the local health department to identify specific sources of treatment for latent TB infection and make the appropriate referral.
What if the applicant is NOT a recent arrival in US and does NOT have any evidence of TB disease? I hope there is another category for that (which might be exempt from treatment).
Technical Instructions for Civil Surgeons
A new TB classification (Class B: Latent TB Infection Needing Evaluation for Treatment) should be used for all applicants who are recent arrivals to the United States (less than 5 years) from countries with a high TB prevalence, with a Mantoux TST reaction of 10 mm or greater of induration, and no evidence of TB disease. See Section V of the TB Technical Instructions for other conditions for which referral for evaluation for treatment of latent TB infection is recommended. The civil surgeon should pro-actively contact the TB Control Program of the local health department to identify specific sources of treatment for latent TB infection and make the appropriate referral.
What if the applicant is NOT a recent arrival in US and does NOT have any evidence of TB disease? I hope there is another category for that (which might be exempt from treatment).
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gcformeornot
04-07 01:01 PM
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
more...
dehradoon
06-14 07:15 PM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
sapota
07-15 10:22 PM
Me am in Austin.
After 2 LCs + 1 substituted labor + 10 years of crawling in this crap hole & no green card yet, the least I can do is participate in something that show our plight. Count me in for any rally.
After 2 LCs + 1 substituted labor + 10 years of crawling in this crap hole & no green card yet, the least I can do is participate in something that show our plight. Count me in for any rally.
more...
sertasheep
07-05 05:27 PM
syzygy, can you please update your profile with your telephone number? i'd like to talk to you about your experience with 07/02
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jonty_11
01-22 12:01 PM
Thank you JAPS19 - This Helps - Thank you.
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!
more...
she81
07-27 08:58 PM
Can't you upgrade your 140 application to premium (when it becomes available) in that case? Just for peace of mind.
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
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desi3933
08-04 11:14 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.
Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.
_____________________________
Not a legal advice.
US Permanent Resident since 2002
more...
kapilgogia
03-17 07:00 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
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smileyslimey
11-30 01:42 PM
Thanks to everyone who responded.
Appreciate your advice.
regards.
Appreciate your advice.
regards.
more...
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vallabhu
01-02 02:08 PM
I have applied from Texas SC
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
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Life2Live
02-29 01:34 PM
mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?
Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.
Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.
more...
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BharatPremi
09-24 11:35 AM
Man why you need reciepts?
First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.
First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.
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paskal
07-08 08:37 PM
none of the forms ask for any of this
attorneys like to file them for "completeness"
i think they feel it strengthens the case and avoids unneeded questions
mine wantedW2 from 2003 (since i joined this job) but no returns
and last 2-3 pay stubs
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
attorneys like to file them for "completeness"
i think they feel it strengthens the case and avoids unneeded questions
mine wantedW2 from 2003 (since i joined this job) but no returns
and last 2-3 pay stubs
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
more...
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optimystic
03-20 01:46 PM
I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
Oh..that hurts. I assume you will have to invoke AC21. All the best to you.
90 more days? Which service center is your case located? I assume Texas? Did she explain whats the reason for the delay? Did she tell you about namecheck status? Are you planning on an Infopass? (sorry too many questions, but I think we are both on a similar boat )
Looks like our PDs are very close to each other. Lets hope for the best.
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
Oh..that hurts. I assume you will have to invoke AC21. All the best to you.
90 more days? Which service center is your case located? I assume Texas? Did she explain whats the reason for the delay? Did she tell you about namecheck status? Are you planning on an Infopass? (sorry too many questions, but I think we are both on a similar boat )
Looks like our PDs are very close to each other. Lets hope for the best.
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nk2006
12-07 02:40 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
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Green.Tech
08-06 12:53 PM
In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I am sorry to learn that your employer backed down on its contract. Thanks for your input.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I am sorry to learn that your employer backed down on its contract. Thanks for your input.
eatpavbhaji
04-22 02:20 PM
I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
Sai_07
06-27 10:31 PM
My I-140 was approved in Dec 2006 and still working with sponsoring company.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
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