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Labor Certification

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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


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,
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H1B Stamping Experience at Tijuana MX - Sep 29th 2015
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.

Searched for mexico consulates in USA.
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 :

1.Photographs - 2" x 2" - Check for the specifications.
3.Copy of 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 . 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.

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Labor certification
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
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Immigration reform and its effect on EB3 category
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 ?
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job bank and PERM . degree level
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.
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Labor requirements for EB3/Eb2 porting - need your valuable input

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,
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H1B Extension after 6 Year and I-140 revoked
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?
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Some problems with my Greencard
Hi Friends,
Actually in 2006 I transfered to a company called ABC,my employer owns two companies.
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.

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Labor cert EB2
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
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Advice on applying Green Card

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.

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