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  #1 (permalink)  
Old 06-21-2013, 03:16 AM
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Default Labor processing with PERM

PERM I believe was started so that labor can be done very quickly (within one month) and efficiently. Atleast this is the claim from DOL that I can remember of when they started it. The processing time two years back was 1 month , then it became 2 then 3 then 4 and now it is even more than 5 months. Not to mention that after 5 months, many of the cases are sent for "random audit" which can take upto another one year. Is this not mockery ? First of all it should not take 5+ months. Then if so many cases are to be sent for random audit, why not one day no 1. Is there really no accounting for these people who work there. Why are they playing with our lives like that ? Not to mention that the preparation and advertisement and waiting time takes upto another 6-7 months.
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  #2 (permalink)  
Old 06-21-2013, 07:02 AM
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Default thanks

thanks for bringing this up. There are random rejections and too much delay in prevailing wage determination as well.

Work that can be done in 10 minutes is taking 10 months by USCIS. If the DMV (MVA) can give you a license in 10 minutes, why not process PWD, EAD, AP, PERM etc in 10 minutes? Actually a Drivers' license is a much more important document than an EAD card.

I think IV members and any body else interested in these things should collectively contact USCIS regarding these issues.
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  #3 (permalink)  
Old 06-21-2013, 01:20 PM
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Default

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Originally Posted by bsbawa10 View Post
PERM I believe was started so that labor can be done very quickly (within one month) and efficiently. Atleast this is the claim from DOL that I can remember of when they started it. The processing time two years back was 1 month , then it became 2 then 3 then 4 and now it is even more than 5 months. Not to mention that after 5 months, many of the cases are sent for "random audit" which can take upto another one year. Is this not mockery ? First of all it should not take 5+ months. Then if so many cases are to be sent for random audit, why not one day no 1. Is there really no accounting for these people who work there. Why are they playing with our lives like that ? Not to mention that the preparation and advertisement and waiting time takes upto another 6-7 months.
Quote:
Originally Posted by h1techSlave View Post
thanks for bringing this up. There are random rejections and too much delay in prevailing wage determination as well.

Work that can be done in 10 minutes is taking 10 months by USCIS. If the DMV (MVA) can give you a license in 10 minutes, why not process PWD, EAD, AP, PERM etc in 10 minutes? Actually a Drivers' license is a much more important document than an EAD card.

I think IV members and any body else interested in these things should collectively contact USCIS regarding these issues.
Labor is different than DL.
There is a big room for fraud.You have to prove that ABOLUTELY no US citizen is available to do your job. This is not that easy to prove and not very easy to verify. Just because one lawyer has taken money and created paperwork for it does not mean the proof is as pure as Ganga water.

There have been many complaints of fraud. These complaints are not just from natives but from Immigrants. Just google EB1C fraud and you will see that every EB2I has something against EB1C and has written about it. Go to any anti-immigrant site and you will see how much people have written about Labor certifications and USCIS. This is US government and will always protect the interests of US citizens. You and I have no vote. All we can do is wait. If we have a problem, nobody is holding us by chains, and we can always leave for any other country.
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  #4 (permalink)  
Old 06-22-2013, 03:30 AM
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Default Check for Fraud ?

So, you think they check for fraud for 5 months and keep working on your case ? And same with EAD and same with Advance Parole (I got my last one in 5 months). In that case they are really very very hard workers. They deserve kudos. Oh by the way, when they started PERM, they were not doing that much of hard work (only 1 month because they had raised fees).
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  #5 (permalink)  
Old 06-22-2013, 11:15 AM
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Default

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Originally Posted by bsbawa10 View Post
So, you think they check for fraud for 5 months and keep working on your case ? And same with EAD and same with Advance Parole (I got my last one in 5 months). In that case they are really very very hard workers. They deserve kudos. Oh by the way, when they started PERM, they were not doing that much of hard work (only 1 month because they had raised fees).
You are correct. They are working more to scrutinize applications than they used to few years ago. Every year the system is getting stricter and stricter. The fault is with small minority of employers and employees who keep trying to find ways to fraud the system. PERM is fraud if your employer and lawyer is not trying to find your replacement sincerely. It is against the spirit of the law if your lawyer posts job in a small website and a small box in a local newspaper nobody will ever find. Or write a job description that only fits you. And not do sincere efforts to interview people who have applied. If we call ourselves legal law abiding immigrants we should ALL be following law and not allow a small minority punish all of us with their bad deeds.
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  #6 (permalink)  
Old 06-22-2013, 12:17 PM
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Default

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Originally Posted by waitingnwaiting View Post
You are correct. They are working more to scrutinize applications than they used to few years ago. Every year the system is getting stricter and stricter. The fault is with small minority of employers and employees who keep trying to find ways to fraud the system. PERM is fraud if your employer and lawyer is not trying to find your replacement sincerely. It is against the spirit of the law if your lawyer posts job in a small website and a small box in a local newspaper nobody will ever find. Or write a job description that only fits you. And not do sincere efforts to interview people who have applied. If we call ourselves legal law abiding immigrants we should ALL be following law and not allow a small minority punish all of us with their bad deeds.
Wrong or write I do not agree with you. If they are really researching on Fraud, why would they send "random" audit after 5 or 6 months of receiving the application. Why EAD or Advance Parole (which is just a travel document) can take 4-5 months ? I think they are lethargic people who do not work and get away with it.
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  #7 (permalink)  
Old 06-22-2013, 03:22 PM
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Default

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Originally Posted by bsbawa10 View Post
Wrong or write I do not agree with you. If they are really researching on Fraud, why would they send "random" audit after 5 or 6 months of receiving the application. Why EAD or Advance Parole (which is just a travel document) can take 4-5 months ? I think they are lethargic people who do not work and get away with it.
More. ..under behest of fraud, security, they are finding excellent time to sleep.
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  #8 (permalink)  
Old 06-22-2013, 04:14 PM
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Originally Posted by bsbawa10 View Post
More. ..under behest of fraud, security, they are finding excellent time to sleep.
Do you think our own country system is good. How much time and problem we have even though we are citizens to get anything done?

Nobody is forcing us to stay here. Nobody promised us before we came that immigration will be smooth like a breeze.

We have too high expectations of the system here despite knowing it is for citizens, by the system. We are just non citizens temporary guest workers.

There is always an option for us to quit if we don't like it here. But we all like it here. We like $$$$ and system that is a lot better than India. We are happy to put up with it.
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  #9 (permalink)  
Old 06-23-2013, 09:23 AM
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Default

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Originally Posted by waitingnwaiting View Post
Do you think our own country system is good. How much time and problem we have even though we are citizens to get anything done?

Nobody is forcing us to stay here. Nobody promised us before we came that immigration will be smooth like a breeze.

We have too high expectations of the system here despite knowing it is for citizens, by the system. We are just non citizens temporary guest workers.

There is always an option for us to quit if we don't like it here. But we all like it here. We like $$$$ and system that is a lot better than India. We are happy to put up with it.
I am not comparing it with my own country. I am not talking about anybody forcing me or not forcing me to stay here. I am not exploring the option to quit. You are going the wrong way. No, the system here is not for citizens. If citizen is not available for a position , it is for immigrants. And they are being harassed by non working lethargic people. The system here is better than my own country but only once we get through these unnecessary long and bad path.
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  #10 (permalink)  
Old 06-23-2013, 11:46 AM
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Default

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Originally Posted by bsbawa10 View Post
I am not comparing it with my own country. I am not talking about anybody forcing me or not forcing me to stay here. I am not exploring the option to quit. You are going the wrong way. No, the system here is not for citizens. If citizen is not available for a position , it is for immigrants. And they are being harassed by non working lethargic people. The system here is better than my own country but only once we get through these unnecessary long and bad path.
Isn't your lawyer lethargic? They take so much time to file application. Make so many common sense mistakes and still charge lot of money from you. You and I happily give them money and praise them. They are not government? Have you heard how much mistakes doctors make in this country? Just because they are protected by insurance and malpractice insurance and big team of lawyers of hospitals people cannot do anything about it. Do you know how difficult it is to do business if you have a small business? People sometimes do not pay you money or drag you to lawsuits and you drain your time and money in it. Have you read about the crimes and how much dangerous it is? Why is law enforcement is not doing enough? Have you heard about people fighting with IRS, trying to get their bills even through they are citizens, or eminent domain issues. There are so many examples.

You are thinking narrowly because of your own application. It is probably because of what your lawyer fed you. He fed you that because he knows if he sings to your tune you will think he is genuinely concerned about your problem. I have met government employees and they are very hardworking. I have went to info pass many times, at one time met official in IV meeting and they were very good. So I will not believe you because some lawyer says so or other people are writing on forums. They are just using USCIS as a pinching bag for their frustrations.
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  #11 (permalink)  
Old 06-23-2013, 12:57 PM
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Default

Quote:
Originally Posted by bsbawa10 View Post
I am not comparing it with my own country. I am not talking about anybody forcing me or not forcing me to stay here. I am not exploring the option to quit. You are going the wrong way. No, the system here is not for citizens. If citizen is not available for a position , it is for immigrants. And they are being harassed by non working lethargic people. The system here is better than my own country but only once we get through these unnecessary long and bad path.
Before we blame system and delays, have a look back.
DOL and USICS has been consistently improving over a period of time and they are putting check and balances on Immigration.
1998 to 2007 was where small mom and pop desi consultant shops exploited the system with FRAUD and they addressed it with a clean up and overhaul using PERM process.
After that 2007 to now desi offshoring companies like TCS, Infy, CTS etc are GAMING the system. These companies grab all the H1B and misuse L1 visa and gaming the system.

Last 3 years PPT managers are getting greencards in 4 months using EB1C route. heard TCS is going to file thousand plus EB1C next quarter.

Please understand DOL constraints, they cant dynamically add folks to address huge demand. Infosys last 2 quarters in H1 season (Q1 and Q2) applied 22,000+ LCA and since LCA has SLA they have to divert/focus to that. Then in CTS applied in bulk PERM. At the same time FED furlough started.

The US immigration system is trying to adapt and trying hard to arrest such abuses and it takes time to streamline, the more rate of abuses, the more time it would take time to stabilize to do due diligence at the same time causes delays and inconvenience to others.
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  #12 (permalink)  
Old 07-17-2013, 03:24 AM
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Default Is this an example of improving or checking fraud

After 6 months of filing perm processing sending a random audit to 40% cases is an excellent example that I can give here for apathy and not improved system or checking fraud. Can random audit not be sent on day 1. Is it not just another way of harassing people ?
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  #13 (permalink)  
Old 07-17-2013, 07:13 AM
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Default

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Originally Posted by bsbawa10 View Post
After 6 months of filing perm processing sending a random audit to 40% cases is an excellent example that I can give here for apathy and not improved system or checking fraud. Can random audit not be sent on day 1. Is it not just another way of harassing people ?
You are frustrated by 6 months. Why do lawyers are one year when the process can be done in 6 months max?

Your case maybe suspect of fraud. Are you sure that your employer has tried to find your replacement? The point I am making is you are involved in your PERM it seems when you should not be. How can you find your own replacement when your intention is to work permanently with the employer? Many PERM are fraud because employer, lawyer and employee work together so that job posting is done in hard to find places, job ad is written very narrowly and the aim is not to find an American citizen worker.

Why should an employee be part of PERM process? He should be kept in dark because it is an employer petition. This is a bigger fraud than EB1C and we must protest. People from genuine companies are waiting for many years and others are coming and opposing audits. DOL needs to do audit of all applications.
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  #14 (permalink)  
Old 07-17-2013, 07:35 AM
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Default

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Originally Posted by waitingnwaiting View Post
You are frustrated by 6 months. Why do lawyers are one year when the process can be done in 6 months max?

Your case maybe suspect of fraud. Are you sure that your employer has tried to find your replacement? The point I am making is you are involved in your PERM it seems when you should not be. How can you find your own replacement when your intention is to work permanently with the employer? Many PERM are fraud because employer, lawyer and employee work together so that job posting is done in hard to find places, job ad is written very narrowly and the aim is not to find an American citizen worker.

Why should an employee be part of PERM process? He should be kept in dark because it is an employer petition. This is a bigger fraud than EB1C and we must protest. People from genuine companies are waiting for many years and others are coming and opposing audits. DOL needs to do audit of all applications.
I hope you do not working for DOL or USCIS. So, does lawywers apathy and arrogancy justify DOL ? I agree that fraud detection should be there but should it start 6 months after filing ? Should it take a year after the reply to RFE to determine if the case is genuine or not ?
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  #15 (permalink)  
Old 07-17-2013, 07:51 AM
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Default Also

Also if you think that employee should not even know the process why did you post thread for how to do EB3 to EB2 porting here http://immigrationvoice.org/forum/fo...-to-do-it.html
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