Having problem filing ETA Form 9089

[h1bvisaravi]

Hi guys,

 

I work for a non-profit organization(community college). Currently,  I have H1B Visa with them. Working as a Database Administrator. The employer is willing to sponsor for the employment based greencard.

 

So, At the moment the employer is applying the ETA Form 9089(Application for Permanent Employment Certification).  In Block B of this form we have checked that it is a Schedule A Occupation (Database Administrator).  Once it has been determined that this is a Schedule A Occupation the ETA Form 9089 must be sent directly to the USCIS and not the Department of Labor (DOL instructions).  USCIS has not accepted this application and has sent it back three times.  How do we submit this application?

 

Thanks

[rahul412]

USCIS has not accepted this application and has sent it back three times.  How do we submit this application?

 

 

What's the reason for not accepting the application??

[h1bvisaravi]

The reason was not stated by them.

[rahul412]

The reason was not stated by them.

Usually, they will.

What did your attorney said??

[h1bvisaravi]

There is no attorney involved in this. The HR is dealing with application process. 

[rahul412]

There is no attorney involved in this. The HR is dealing with application process. 

When my perm was filed, I sent all the docs to HR and the HR sent all the docs to attorney.

Attorney sent me a draft before submitting it to DOL and it was approved without any query. So my guess is, it will be better if attorney handles this rather than HR dept.

 

Attorney's know more than HR dept about the immigration.

[h1bvisaravi]

The catch here is, the college does not want to pay the attorney fees. It has come from my pocket. They are only willing to sponsor and apply. How much attorney fee did it cost in your case? 

[h1bvisaravi]

The catch here is, the college does not want to pay the attorney fees. If I choose to have an attorney, Money has to come from my pocket. They are only willing to sponsor and apply. How much attorney fee did it cost in your case? 

[rahul412]

The catch here is, the college does not want to pay the attorney fees. It has come from my pocket. They are only willing to sponsor and apply. How much attorney fee did it cost in your case? 

AFAIK, employer ( college) has to pay all the legal immigration fees. In my case, my employer did everything so I don't know who much is the attorney fee for GC process.

[JoeF]

The catch here is, the college does not want to pay the attorney fees. It has come from my pocket. They are only willing to sponsor and apply. How much attorney fee did it cost in your case? 

That's illegal.

The employer absolutely has to pay all fees, including lawyer fees, for the PERM. No exceptions.

And you can NOT be involved in the PERM process.

The employer has to do all that.

[h1bvisaravi]

Hey Joe, where can I find the documentation about it being "Illegal OR  the employer has to pay all the fees". Can you provide me a link(s) for that? I couldn't find it anywhere on USCIS.gov Thanks very much for pointing that out. 

 

But looks like the college is already in that Illegal path, because, I paid all my H1b related fees, first tme fee(3yrs) + extension fee(3 yrs). 

 

The HR says, "The Board of trustees of the college clearly stated that they will sponsor ONLY IF I bear the fees.

 

Thanks

[rahul412]

Hey Joe, where can I find the documentation about it being "Illegal OR  the employer has to pay all the fees". Can you provide me a link(s) for that? I couldn't find it anywhere on USCIS.gov Thanks very much for pointing that out. 

 

But looks like the college is already in that Illegal path, because, I paid all my H1b related fees, first tme fee(3yrs) + extension fee(3 yrs). 

 

The HR says, "The Board of trustees of the college clearly stated that they will sponsor ONLY IF I bear the fees.

 

Thanks

what the hell is that??

That's 100% illegal to pay your H1 processing fee.You never attended visa interview??

You better change your employer dude, before you get into more trouble.

[JoeF]

Hey Joe, where can I find the documentation about it being "Illegal OR  the employer has to pay all the fees". Can you provide me a link(s) for that? I couldn't find it anywhere on USCIS.gov Thanks very much for pointing that out. 

 

But looks like the college is already in that Illegal path, because, I paid all my H1b related fees, first tme fee(3yrs) + extension fee(3 yrs). 

 

The HR says, "The Board of trustees of the college clearly stated that they will sponsor ONLY IF I bear the fees.

 

Thanks

It is on the DOL website: http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#fraud_pro_pay2

[h1bvisaravi]

Thanks Joe, I will show the DOL link to the HR. He is on leave at the moment.  

 

Meanwhile, This is totally a different question, And I appreciate your time.

 

On what stage, Will it be determined EB2 or EB3 category in the application process?

It is obvious that I would like to be in EB2 category, as it takes 3-5 yrs to process compared to EB3 that takes 6-9 yrs. I might be wrong?

Below is the job description for my job, Do you think there is chance to fall in EB2 category?

 

The Job description states:

 

MINIMUM QUALIFICATIONS:

•  Bachelor’s degree in computer science, management information systems or a related field, or two years of advanced professional experience in administration of a database management system, or Oracle certification (OCP or OCM)

 

DESIRABLE QUALIFICATIONS:

• Master’s degree in computer science, management information systems or a related field.

[rahul412]

 

On what stage, Will it be determined EB2 or EB3 category in the application process?

It is obvious that I would like to be in EB2 category, as it takes 3-5 yrs to process compared to EB3 that takes 6-9 yrs. I might be wrong?

Below is the job description for my job, Do you think there is chance to fall in EB2 category?

 

Minimum qualifications are taken into consideration for EB category.

[h1bvisaravi]

Thanks Rahul,  what do you mean by  "You never attended visa interview??"

 

Also, Were you in EB2, how long does it take for you? Is there a way I could get into EB2 for faster processing?

 

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If I decide to change employers:

1. I will have to find a non-profit employer(like a community college, universities and such public entities)

2. That will allow me to transfer my current H1-b. btw, my H1-b is non-exempt.

3. And then they should be willing to sponsor my green card

Which means, It's a big pain. Looks like I'm stuck with this employer. I don't see any other options?

[JoeF]

 

Thanks Joe, I will show the DOL link to the HR. He is on leave at the moment.  

 

Meanwhile, This is totally a different question, And I appreciate your time.

 

On what stage, Will it be determined EB2 or EB3 category in the application process?

It is obvious that I would like to be in EB2 category, as it takes 3-5 yrs to process compared to EB3 that takes 6-9 yrs. I might be wrong?

Below is the job description for my job, Do you think there is chance to fall in EB2 category?

 

The Job description states:

 

MINIMUM QUALIFICATIONS:

•  Bachelor’s degree in computer science, management information systems or a related field, or two years of advanced professional experience in administration of a database management system, or Oracle certification (OCP or OCM)

 

DESIRABLE QUALIFICATIONS:

• Master’s degree in computer science, management information systems or a related field.

 

Minimum qualifications matter, and that makes it EB3.

In fact, since not even a bachelor is required (2 years of experience...), it would be EB3-Other, which is a really bad category to be in, because there are lots of people who have that qualification.

I really suggest you find another employer.

[h1bvisaravi]

Thanks Joe

 

If I decide to change employers:

1. I will have to find a non-profit employer(like a community college, universities and such public entities)

2. That will allow me to transfer my current H1-b. btw, my H1-b is non-exempt.

3. And then they should be willing to sponsor my green card

Which means, It's a big pain. Looks like I'm stuck with this employer. I don't see any other options?

[rahul412]

Thanks Rahul,  what do you mean by  "You never attended visa interview??"

 

Also, Were you in EB2, how long does it take for you? Is there a way I could get into EB2 for faster processing?

 

If you have attended the visa interview, you should be knowing that paying H1 fee is ILLEGAL.

 

And their is no faster processing for EB GC. You have to wait like others.

I am still on H1.

[h1bvisaravi]

 I didn't attend any visa interview. Which one are you talking about? Can you be more specific?

[rahul412]

 I didn't attend any visa interview. Which one are you talking about? Can you be more specific?

When I attended my H1 interview vo gave me a paper which has the rules and regulations about H1 program. So that's why I asked you whether you attended any interview or not.

[JoeF]

 I didn't attend any visa interview. Which one are you talking about? Can you be more specific?

How did you get the H1? Were you on F1 and did a change of status?

Is the job description you posted earlier the same as for the H1? If yes, your H1 is in danger, because that job description says a college degree is not required, which makes it incompatible with an H1.

And if this employer doesn't want to pay for PERM, you won't be able to get a GC through them. If you pay for PERM, or if you are involved in it, it won't go forward.

Find another employer, one who actually has the money to pay for the application and the job. With this one, you won't get anything.

[JoeF]

When I attended my H1 interview vo gave me a paper which has the rules and regulations about H1 program. So that's why I asked you whether you attended any interview or not.

It is also here: http://travel.state.gov/visa/temp/pamphlet/pamphlet_4578.html

[h1bvisaravi]

Hi Joe,

 

How did you get the H1? 

The same employer applied my H1, but I had to pay all the costs related to it. And currently, my H1 is extended for 3 more years.

 

Were you on F1 and did a change of status?

When I joined the job, I was O.P.T and once my O.P.T was about to expire, then they applied my H1

 

Is the job description you posted earlier the same as for the H1? 

Yes.

 

My first term of H1 started 02/23/11 until 12/01/2013

My second term of H1 started 10/1/2013 until 9/30/2016

 

Till now, I haven't attended any H1 interview. So I'm still confused on which H1 interview are you guys talking about?

Am I missing something here or Does my situation look good concerning H1?

[rahul412]

Till now, I haven't attended any H1 interview. So I'm still confused on which H1 interview are you guys talking about?

Am I missing something here or Does my situation look good concerning H1?

I was in the impression that you know the H1 rules. You are missing nothing but paying for H1 is ILLEGAL so its better you find another employer.