Labor Certification

Hi,

I have filed my app in EB3 back in 2006 and got my labor, I-140 approved and also applied for I485 back in Aug-2007. My PD is Oct., 2006. I have joined a new employer in 2008 and currently doing the porting process from EB3 to EB2. My current company initiated the labor process through my current company's attorney.

My company came back to me saying that we have hit Road block per attorney. Attorney says that my employer has to post Salary (per labor law policy) with the post requirement internally(within company like intranet, post in HR, etc.) and also externally. My company cannot post salary in the internal communication for position vacancy as it is sensitive information and can have problems with other employees with in the same position.

My company can't help me out on this and I am kind of stuck. Please suggest me if you have any ideas how to deal with this situation. Appreciate your whatever info on this at the earliest.

Thanks & Best Regards,
Abhi

My GC processing was started in EB3 category and got I-140 approved 3 Years back and this year employer filed for H1B extension after 6 year (already completed 6 years on H1B). While filing my PERM, company lawyer did not give the advertisement but still my PERM and I-140 was approved. Now USCIS found that advertisement was not given. I don't know the consequences yet. I am still with same company. I have following questions:

1) What will be the impact on my PERM and I-140 because of failure to give advertisement?
2) Will this impact H1B extension?
3) If USCIS ask to restart GC processing can I file under EB2 category?
4) If filed in EB3 again will priority date remain same as before and can it be in premium processing?

Hi Friends,
 
Actually in 2006 I transfered to a company called ABC,my employer owns two companies.
1)ABC
2)XYZ
 
Initially when they applied for my transfer,they transfered to a company called ABC,at the same they applied for my GC labour on same company ABC,but my transfer took long time and they applied for Transfer on other company XYZ,but they filed I 140(April 2008) on XYZ instead of ABC.

Now my I 140 got denied due to wrong petition by my attorney.


I recived a Decision notice on Feb 2009 from USCIS after long time saying that the I-140 filed by XYZ was denied. The reason for the denial was that the labor certification was filed by ABC, and therefore ABC should have filed the I-140 instead of XYZ. It is too late now for XYZ to file a new I-140, because the labor certification that was done in the past is too old (you have 6 months to file the I-140 after the labor certification is approved, or else the labor certification expires).
 
now my employer applied for I 290 B on March 2009.
 
Can any one suggest me what I have to do?
Now am I safe side to stay in US permanently by extending visa every 1year based on filed I 290B.

What is the immidiate action I have to take,to be on safe side to stay in US permanently without leaving to my hometown before my visa expires in 9months with max 6year H1Blimit.

Is there any possibility for me to transfer to other company and file my GC from starting onwards based on my I 290B,can I do that now.

Please friends I need all your advices to be on safe side without leaving US and continue with my GC.

I also need good IT consultancies with good record with USCIS who can file GC for me.
I have project for 8months to 1year.

Please send your replies to [email protected]

Kindly waiting for all your replies,please I need your help.


regards
Priya

I filed my Labor cert last June 2008 but up to date it's still in process. I haven't received any letter from them or how will I know if I got one? and the worst part is my i-94 already expired. You think I still have some hope even though my labor cert got approved someday?
  Thank you

Hi,

My employer asked me to process PERM.

I worked only 3 months in USA.Do i need to wait for some time or shall i apply through my employer.

Could you please let me know how many days each stage will take if we apply now for Labor Certification.

Thanks
Saravanan

My emplorer filed my RIR case in June 2002. In July 2006, my DOL case was errorneously closed by the back log center. After so many frastration and communication, my case was finally reopened at backlog center in Nov. 2006. However, till now, my case is still under process... When will my case be finally judicated.. this is very frastrating with all tax we paid... no place to get information and whatsoever... is this the freedom we are after.

I been in USA over 17 yrs and was seperated by ex husband, who never sponcered me and lied and committed bigamy marrying to another American woman. Being isolated by community as the way Asian community is and culture is back home, I didn't have any idea about VAWA for self petetion to file as battered abused woman. And I found out it was too late as there is statue of limitation of two yrs.
        I allpied for Amnesty 1981 program which was extended until 2003 July as no one can file for green card if person is not sure to ge tgreen card and I filed under Laber certification and VAWA in 2000 in Chicago. As my immigration was money hungry and wanted every two weeks $700 money and I was not aware of his reputation, I late him file fo rmotion to withdraw and he did and at present I am not sure of my Labor certification but my VAWA is declined because of lact of proof and I do have proof bu ttim elimot is a problem. But as I had a real hard ship all those yrs in USA and still I do have many issues specailly can't extend driver licence because of immigraion status as REAL ID ACT was passed by congress last yr and it is very hard to get driver licence and not be able to drive a car and can't work, I feel handicap and not worth living this life as after 17 yrs struggle, bigamist was not punished by law, didn't get immigration and property share in divorce as he did fraud transffering all of hi sproperty on his family name and now driver licence issue and not having family and relatives and friends and I been judged by every one I talked to and same time appling for Indian Passport in 2000 as lost passport paying $200 and giving me different ezcuses to issue me my passport, is hell of a problem in life non stop, as atlist I can get my passport, I can try getting my driver licence. And if soemone have any idea how and what is the best way to apply for my immigraion papers as I don;t have any pationce being here over 17 yrs and my parents passes away three yrs back an dnot seeing them that long and passesed away and being home sick and no one can come visit me as it is very hard form India to get visa is not a joke. I am home sick, can't work, can't drive, been judged when I talked to whoever and getting in a situation I will loose my place as I can' tafford not having a job because of driver licence. If anyone have any suggestion I will really appriciete that.

I filed with the help of my lawyer and my company, but I did a lot of the work. My Lawyer is in New Haven, CT. I live and work in Boston. I am an Architectural model maker with a Batchelor of art in Model Design from the Uni of Hertfordshire in England. The applications for both H1Bs and the Labor cert list me as a "designer". I work for a 25-30 person architectural firm in DT Boston. I am English but not by Birth. I was born in Mexico City but my parents are English. When my paperwork comes back from the USCIS they seem to list me as Mexican but I do all my paperwork through Belfast, Northern Ireland. Its sooo much quieter than the masses in London and Belfast is in the UK so they will do my British citizen paperwork. Thats about it. Again I file labor cert April 28th 04, 45day letter June 2nd 06, final approval 28th Nov06

So I finally got my Labor certification approved. Yeeeaahhhhhh. And there I was thinking it might never happen ;-).
Originally filed April 28th 2004
Got the 45 day letter the same day I got my last visa extension papers came through, June 2nd 2006. Suspicious?
Final approval came November 28th 2006. Along with a tax bill for underpaying.....nice

If your still in the system and you haven't hear much, or anything, have hope. I had given up most of mine to be honest but eventually it can. Thank god! Certainly wasn't helped by the Gov... shhhh ;-)
Anyway onwards and upwards now. Next stop Green card phase 1. The I-140 and another $1500. :-( Man they make you wait for ages, and then there's just another bill. Its not like we're not paying for this and it sure seems to be keeping a whole bunch of Americans employed doing my paperwork.

Good Luck to everyone else in da system.... Keep ya chin up. Still upper lip and all that.
Happy New Year! Hope 2007 is your year.

I submitted my LC application in FEB 2003. then got my 45-day letter April 2006. It just takes six months to become a legal citizen in singapore, but It takes more than 6 years to get a green card in USA.