Labor Certification

I have been following this very organized website since long time. So now, time to give back to this forum.

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Some info regarding my profile:
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I have total 13.8 years of experience in Technology Implementation Projects, specifically large scale ERP implementation projects of Oracle Applications/Oracle Cloud.

I had traveled to the US from FEB-2008 to DEC-2010 through L1B Blanket VISA using my previous employer which was one of the largest IT services firm that time. I believe getting US VISA that time was not as tough as what it's today.

After returning back India, I changed my employer and then new employer which is again one of the leading Consulting firms in the globe, very strong presence in US, filed my L1B Individual petition with USCIS in Premium Processing and got it Approved & VISA stamped but unfortunately never got a chance to travel using that. It was Approved from FEB-2014 to JAN-2017. After its expiry, firm decided to file extension but our attorney firm told that it can't be done since I never traveled using my L1B and had L status against that VISA, so they advised to file fresh petition again. So, it was filed in PP again and got denied this time. So, first shock of denial for me. By this time, my experience and roles & responsibilities had changed significantly & also promotion as Manager had happened. So Organization went ahead and L1A Blanket was initiated and I went to Chennai for interview along with my wife and year old son. It was denied in Interview with 221g slip mentioning not Clearly Approvable. This was another denial and big shock for me. After this, I decided to have 6 months gap before going for L1A Individual Petition immediately though Organization was insisting for it.
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Experience About L1A Individual
My L1A Individual petition was filed with USCIS on 17th OCT 2018 under Premium Processing & by God's grace didn't receive any RFE. It was Approved within a week's time i.e. on 24th OCT 2018 I had received email from our Attorney firm mentioning my Petition was Approved by USCIS Texas Service Center. I felt a BIG relief after 2 denials mentioned above. Next BIG step was to go for Stamping Interview. Petition Approval was kind of post dated may be because I had mentioned tentative travel plan in it, so it was Approved from DEC-2018.

My L1A Individual Stamping Interview was scheduled on 23rd Jan 2019, 22nd JAN 2019 was OFC. Both in Mumbai since that's where I stay. Most of the people have talked about OFC, so won't write much about it. Mumbai OFC has changed its location recently from previous center to a new location, new location is much closer to US Consulate, just 200 meters away from it. Only me & my wife went for OFC, didn't carry our son this time for OFC.

Stamping Interview was scheduled immediately next day (23rd JAN) at 10:00 AM. This time, I was accompanied by my wife & 2 years old son. We reached at 9:10 AM at Consulate and board over there was showing as "Now Serving 10:00 AM". We didn't rush but, got down from our car, arranged documents and then we went to Consulate. Suggestion if you are going to MUMBAI Consulate & OFC/VAC then you can carry your own car as there is ample pay & park facility available just beside Consulate, 50-70 meters away; from OFC it's 250 meters away. So you can leave all valuable items in your own car here.

After clearing Security in Consulate, we were asked to wait for couple of minutes in a waiting area and then staff there asked us to go to Counter no 39 directly. We went inside the building and there was a BIG queue already lined up. But looking at our baby, we were directly asked to sit near Counter 39 for few minutes, one of the staff personnel took our passports and called our names one after other and one of US Consular officers verified our PPs & Biometrics captured earlier day. Then we were asked to wait at same place for 5 more minutes.

After that staff personnel asked me to have all of our passports & copy of I-797B in hand and asked to go to one of the counters for interview. There was a BIG queue behind us but thanks to your son since we were allowed to skip entire queue and were given Premium treatment. :-) This had happened in Chennai too. So we went to Counter and waited before the line as there was an interview going on, probably L1B or H1B. I could clearly hear the questions and see VO from the line where we were waiting. She was middle aged lady with nice smile on her face and jolly enough to get rid of our pressure. Person's VISA was done and then we went to the window. My heart was beating like anything and was going through all the questions and answers I had prepared for it. Following is Interview communication brief:

Myself & wife greeted to VO, Good Morning Madam..

VO: Good Morning.. Waived to my 2 years old son and tried to talk with him. He was just smiling.
VO: Please provide your passports & I797 copy.
I handed over all 3 passports & copy of I-797B.
VO: Whom do you work for?
Me: YYYY XX
VO: What do you do for them?
Me: Current Jobs & responsibilities.
VO: How long have you been working for them?
Me: 7.7 years
VO: What will be your salary in the US?
Me: ZZZ,ZZZ USD per annum
VO: How many people do you manage?
Me: In India or in the US?
VO: Both, overall I need to know.
Me: India: 55 & US: 39
VO: In US 13?
Me: Nope, not 13; 39
VO: Oh, ok. got it. Good.
VO: Which client are you working for at the moment?
Me: I manage multiple client engagements as part of my job, so do you need to know my current client I am working for on a project?
VO: Yes please.
Me: Answered name of the client, it's the same which is mentioned in petition supporting documents too.
VO: Give me a few minutes & I will be back. She closed the window from where we hand over the documents & took our passports & I-797B copy inside.
Now, this is where I started worrying as I almost had similar experience in my L1A Blanket in Chennai. My wife asked me to be cool and not to assume/worry anything until we know for sure.
VO came back in a minute's time and handed over me I-797B copy and mentioned:
VO: Please take this back. I took it back and kept it inside my folder.
She was going through something on computer & my heart was pumping BIG time. :-)
VO: I am sorry but it's my computer which is taking so long to respond, so please bear with me. (I read similar experience/response from VO on this site)
Me: No problem madam, I can understand. It's fine.
After a minute's silence.. GOLDEN words came out..
VO: I am Approving your VISAs & you should be getting your passports back within 3-5 business days with VISA. Have a Good Day & waived bye to my son.
We: Thanks a lot madam, you too have a good day. My son waiver her bye sweetly and she enjoyed it and returned it with thanks.

I checked status same day on CEAC website & it was showing Administrative Processing for all 3 applications. But I wasn't worried much because VO clearly told it's Approved & there was no 221g leaflet handed over to us. Next day, status changed to "Issued" and passports were "Ready for Pickup" by same day evening. Never received SMS alert though it was mentioned in DS-160 application.
I went next day to OFC (same building of biometrics) for passport collection. Please ensure to carry photocopy (PP is also fine, they accept that), original ID proofs (DL, PAN, Aadhar) Authority Letter even if you are going to collect for wife they need it.

Overall, a very good experience in stamping interview. I was not much nervous but yes to some extent tensed for sure though this was not the first time I had gone for US VISA stamping interview. But as they say, it's always FIRST time when you go for US VISA stamping interview. :-)

Suggestions:
1. Please don't be disappointed if Blanket is rejected in the interview. I think BLANKET has lately very high rejection ratio and probably because within 2-3 minutes it's completely on VOs discretion based on interview & all things might not go well in it. For Individual petition, I believe VO already knows that case has already been thoroughly evaluated and he/she just have to verify the information in it from the candidate. So there is always a next chance for going for Individual petition.
2. Prepare your supporting documents very well for Individual petition and be aware of what's going on inside it if you have Attorneys doing it for you based on information provided by you.
3. Prepare stamping interview very well even though Individual petition is Approved. You need to be aware of your I-129S inside out.
4. Practice mock sessions. If there is no such facility in organization then do it with your family.
5. Be aware of what you write in DS-160. It should be aligned with the information in your I-797B, I-129S & Supporting docs provided for petition approval. E.g. Salary, jobs & responsibilities etc.
6. Be confident during interview & please ensure to make eye contact with VO clearly throughout interview.
7. Please ensure to have some impactful summary statements about your jobs and responsibilities. E.g. for L1A, to demonstrate Managerial & Hire/Fire authority. And again, it should be aligned with your earlier supporting documents.

I know this is a BIG experience but wanted to ensure I capture almost all the details. :-) If you need any other details then please don't hesitate to contact me. I will respond as soon as I can.

Thanks & all the best...!!!

Hello, My husband's tourist visa expired. So he's been out of status for about 17 months. He came here legally, we met and fell in love before it expired, so he decided to stay and we got married after like a year. Is there a fine to pay for overstaying the visa. Because we are trying to file for the paperwork and want to know if there is a fine. We are doing the paperwork ourselves because we can't afford an attorney and he's not working yet until we get the paperwork done and his savings are for the paperwork and i have to pay the bills. I've read and heard there is a $1,000 fine for overstaying your visa. And what is INA section 245 (i) does it apply to us or him it is confusing? And what should we put under his current immigration status? Thank you.

I have a question regarding PWD (prevailing wage determination). My employer originally filed for EB2 for PWD and DOL came back with higher salary (3x my current salary). So, my Lawyer informed me that my employer asked him to file a PWD for EB3 instead.

My question is:
1). Is my case an example of PWD re-determination?
2). Or the second PWD filed is just a regular filing for PWD?
3). The reason I asked is that there is at least one month or more advantage for redetermination date compared to the first time regular PWD filing date as per DOL processing date.

Hope someone would share their experience as regards to this issue.

Big thanks.

My employer in process of labor certification.After all advertisement process they did not receive any resume for that position.Need to re advertise of company can proceed.Pl help earliest response appreciated.

Hello,

I have a question please. Am I need to do the advertisement before I apply for the LCA or I can do it after with the LCA requirement.

Thanks

Hi,

I work in finance in a Healthcare institution. I started after completed my MBA on OPT status. On 2010 The institution sponsored my H1_B visa and it was renewed for another 3 years on 2013.

After many discussions with my director and the other superiors I was finally able to get them to start the application for my permanent status (me and my wife). We had many issues regarding the salary needed for my title. After many attempts my director told me that they weren't going to be able to meet that salary requirement and wont be able to apply for my greencard. I remained calmed and presented my case to other superiors that after the many negatives responses came out with the suggestion of applying under a different title category that had a lower salary requirement for the position.

We worked on the jos description for while, making sure that it had all the different elements of my responsibilities and started the process.

My location is Boston and I am a native from Venezuela. Below is my timeline:

9/15/2014 Meeting with Director and HR to discuss my case

10/15/2014 agreement reach to apply under a different job category for my application

12/18/2014 position posted on the institution website and 3 other locations

3/1/2015 Job category approved

4/18/2015 Per Cert Application

10/21 Labor Cert Approved

Nov2015 Review documents with lawyers

11/18 I140 and I485 applications submitted (Premium processing)

12/2 Notice for Biometrics

12/18 appointment for Biometrics

1/11/2016 I-765 and I-131 approval notices for me (1/16 for wife)

2/26/2016 Approval on the mail. When I checked on the USCIS website it confirmed by saying: YOUR CARD IS IN THE MAIL

2/29/2016 GREENCARD RECIEVED FOR ME AND WIFE

Long process but wanted to share my side since I got a lot of information by reading other people's experiences. The major issue for me was the salary requested for my title since Non-profit institution tend to pay lower wages than the industry so it was really hard to get my institution to commit to increase my salary by a significant margin. The solution was look at other positions that have a similar range of responsibilities but have a lower salary requirement.

Hope this helps,

My Profile :
June 2010 - First Entry to USA
Sep 2011 - Change of Employer and H1-B Transfer
Jan 2012 - H1B Transfer approved after converting it to Premium. Approval for 1 year only. No Client Letter.
Jun 2012 - Applied for H1B Extension with client letter ( Same client as in Sep 2011, Jan 2012). Premium processing. H1-B Extended for 3 years.
Jun 2015 - Applied for H1-B Extension with client letter. Premium processing. Approved for 3 years.

Feb 2014 - I-140 Approved.

I always applied for extensions 5 months ahead of date and in premium processing.

Decided to go for stamping for several reasons and primarily client insisted.

Taking Appointment : I tried to take appointment in Canada and Mexico. For some reason appointments at Mexico consulates were available easily. So opted to go to Tijuana MX.

Mexico visa : People said that I do not need Mexico visa to enter Mexico as I am maintaining legal status in USA. I still went ahead and applied for Mexico visa.

Process:
Searched for mexico consulates in USA. http://www.mexonline.com/consulate.htm
I live in suburbs of Philadelphia and there is Mexico Consulate 5 minutes away from my work.

If you go through the Consulate website you can get the list of required documents and fees particulars. What I did is, filled the application available here : http://consulmex.sre.gob.mx/filadelfia/index.php/visas

Documents:
1.Photographs - 2" x 2" - Check for the specifications.
2.I-797
3.Copy of passport.
4.Passport.
5.Drivers Licence.
6.Employers letter.
7.Client letter.
8.US Visa Interview Appointment Confirmation letter.
9.Paystubs (4).
10. Bank statements( 3 months).

you do not need an appointment for Mexico visa Interview. They are open for walkins after 3 except Friday. But you better call them and check for the timings.
When I went, a security personnel who can only speak Spanish helped me with signs and facial expressions. He understood that I came for visa application and directed me to a window.

Consulate officer reviewed my application and gave me another application ( a new format) and asked me to fill it again. After handing over the application, she informed me that I need to wait for email/phone call from her for another interview and mean while they would process the application.

I took 4 days to get a call from her. She asked me to get the passport and A credit card/Cash for $36 USD. They do not take Amex or Discover.

I went to the consulate again. She took my photograph again ( They did not use the ones I gave) and printed the Visa and pasted it on my passport. The whole process took 2 hours.

Please be advised that any consulate can reject your visa application with out giving you a reason. Do not underestimated Mexico Consulate. I saw some people yelling at the visa Officer. Be respectful and remember that you are seeking permission and not demanding. Reason why I am saying this is, environment at Mexico Consulate is very informal and less intimidating which may make you relaxed and forget the formalities.

Travel to Tijuana : I took a taxi from San Diego Airport to US-Mexico border. It is a 30 minute drive. I was dropped right at the entrance of the Mexico entry office ( I do not know what to call it).

Its a gate which revolves only one side. If you get into it , that's it. You would need a visa to come back. It was a surreal moment. Even though its few centimeters away, you can not enter USA with out a visa. Anyways, getting back to the topic, I entered the gate and walked to an officer and handed over my passport. She asked for my I-797. I said I have Mexico visa and would not require her to see my I-797. Seems like she did not expect me to have a visa. She checked the visa and pinned I-94 kind of document to the passport with expected exit date written on it.

Hotel : I booked a hotel online, so I took a yellow taxi (There are lot of posts explaining which taxi to hire. Just follow those instructions. Those are valid suggestions.) to the hotel. I picked Hotel Frontiere as it was between photo center and US consulate. That was my biggest mistake. I reached hotel around 12 Am and it was hot. A/C is not working and the bed sheets were stinking. I then asked taxi driver to find a better hotel. He suggested hotel Ticuan http://www.hotelticuan.mx/ . Hotel Ticuan is a great hotel and I loved it.

Next morning, I went to photo center. It took one hour from hotel to photo center to hotel. Was not in mood to explore the city so came back to the hotel.

Next day took taxi and went to Visa Interview. I saw many Indians in queue. Probably I am the only one with huge documentation. I took all pay-stubs, education certificates and what not. (Refer to other posts to get the list. Be sure you have Client letter.) . Consulate Officer took my old and new passports and cancelled my old expired visa even before talking to me. After that asked for I-797 and asked who was my employer. I mistakenly said my client name and later corrected the mistake. Asked about my duties and and explained what I do and what is my skill set. After that she said," Your visa is approved" and handed over a paper. Asked me to come back to same location to collect the passport.

This entire process took 1-2 hours. I asked my taxi driver to wait for me. By this time I am friends with him. Went back to hotel ( Yes I am happy. I called my wife. Hugely tipped my taxi driver. Was on cloud nine.)

After getting back to the hotel, I continued to work ( took permission to work remotely) at at evening checked my passport status. It was "ADMINISTRATIVE PROCESSING". Panic creeped in and after going through some forums , learnt that this is common and need not worry. This status did not change even the next day. Went to US Consulate around 3:00 PM and I could see every from yesterday one in the queue. As I am the last guy, I took it easy and let every one go. Went to the Passport collection window and got my passport with USA Visa on it.

Got back to hotel and packed my luggage and got ready for next day. Next day I reached border around 10:00 AM and there is huge line. Some one posted that we should take sentry line but I am not really sure about it. Make suer that you have some USA currency ($20). You have to buy I-94 forms and fill it.

IMPORTANT : You would see a gate to enter USA. As you enter it, you can see a building to your right. That is where you need to go to get I-94. So please be attentive. I was not sure and wasted a lot of time there. A guard asked me to wait out side but never called me. So I walked in and stood in line. Officer asked passport, filled in I-94 ,I-797 and drivers licence. It took 30 minutes to get the I-94. He took my old I-94. I had it for 5 1/2 years. Touched it for one last time before giving it to him.

And after that you would enter another building. You may see huge crowds again. Be patient and stick to one line. Again do not stand in sentry or permit lines. Right most lines are not for us. Just remember that. They took my finger prints and check I-797, Pasport and Visa and I-94. After that I I went through the luggage screening.

After the luggage screening one is free to walk out to USA :)
I took train to get to Airport.

Overall, it was smooth experience.

Regards

i was checking the Green card status for my employer in below websites. iam seeing many in Denied status than certified.
can you please let me know if this means labor got denied. do i need to worry or change the job since i see many in Denied status?

is it possible if an employee switched to different company after getting I140 status and the report shows as denied status in Green card for below websites?



Green Card Salary Certified Certified-Expired Denied Withdrawn

My employer file the Perm on october 2014 in EB3. i saw the immigration reform mentioned the I485 status for the I140 approved candidate.
Iam looking to move to a new employer and get the perm started in EB2 after few months.
Please suggest if it is better to continue in EB3 or switching to the new company is better option at this time ?

For EB2 = An employer files a case for a Prevailing wage determination of an alien applicant who has master degree from his native country but ( having equivalence bachelor degree certificate in USA as per USA academic evaluator)
My question is should his application mention the qualification requirement column as
"Master degree" OR
 Bachelor degree + 5 years experience.

after PWD approval , should he mentioned in job bank the qualification requirement
Master degree OR
 Bachelor degree + 5 years experience.

We will thankful to participant upon their kind reply and guidance.