Wednesday, June 8, 2011

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  • abc1125
    06-13 03:31 AM
    for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.





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  • texcan
    08-25 10:06 PM
    Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?

    I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.

    To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
    What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.





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  • butterchicken
    04-28 02:10 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.





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  • EB3_SEP04
    01-28 05:43 PM
    Folks, please help:

    I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.

    My questions are:
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?

    Thanks in advance.



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  • wheretogo
    12-08 11:55 PM
    I am also in Minneapolis.





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  • wanaparthy
    03-25 01:07 PM
    If my dream of concurrent in 2009...i will be glad to apply 485.

    Thanks



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  • coopheal
    04-23 08:17 AM
    Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
    then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..

    Gave notice for job change - you mean to your current consulting employer right??

    If thats the case
    1) work with your lawyer on AC21 filing. make sure he has done it before and he know what he would be doing.
    2) Its good that you have already talked to your new employer about the GC letter.
    3) More than likely your RFE would be related to medical. Thats what the trend is these days. If thats indeed the case get your medical exam stuff.
    4) Along with your medical RFE keep the AC21 papers as well.

    Check this thread out... http://immigrationvoice.org/forum/showthread.php?t=24601
    Its what I did when RFE came.

    Hopefully this would be it. Good luck.

    PS - This is just a suggestion. Read more and do what you think will be best for you.





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  • theconfused
    04-02 10:21 PM
    Hey Dontcareanymore,

    You are right.

    For other folks, here is the summary -

    1) Got H1B visa stamp valid from August 2007 till August 2010.

    2) Started working from October 2007 and Was laid off in November 2007.

    3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

    4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

    6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

    7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

    8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

    9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

    10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

    11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

    12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

    13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

    14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

    15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

    16) On 16th March 2010, got an email from embassy that they need my passport.

    17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

    18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

    19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

    20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

    21) Passport was sent back to me on 1st April 2010 with the visa stamped.

    22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

    23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

    Please feel free to ask any question.

    Thanks a lot to all of you reading this...



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  • paskal
    06-27 12:46 PM
    you are allowed to file for a renewal 120 days before the previous document expires.

    "replacement" is different- it's for a lost card or damaged etc





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  • meragreencard
    06-12 10:46 PM
    Don't worry... it may very well be biometric for your son...

    Thanks


    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:
    -------------------------------------------------------------------------------------------------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
    --------------------------------------------------------------------------------------------------------

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.



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  • bah9422
    10-17 08:20 PM
    you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.





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  • dwhuser
    06-15 08:40 PM
    This is my openion.

    POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.

    What is a EVL letter ?



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  • sin94
    06-04 02:04 PM
    Isn't this disputable by the Lawyers?

    I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.

    Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.

    disturbing trend if true.





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  • gonecrazyonh4
    06-14 06:33 PM
    I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these

    Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?

    Alien Number - is this the I-94 number?

    anywhere i can find a sample I-485 filled in ?

    Appreciate any help



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  • Rohan99
    10-29 01:15 AM
    Guys....

    My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.

    She has no plan to work till Jul 08, is it good to apply for SSN?

    You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.

    Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.

    Applying for a SSN and getting it and has NO impact on your immigration status.





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  • rockstart
    06-15 03:42 PM
    In your case you need to get a rectified copy of the BC from the same municipal corporation that issued you the original certificate. That way all your documents bear a consistent name and other information.



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  • chanduv23
    02-09 02:40 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.





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  • english_august
    09-17 09:07 AM
    All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.





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  • Suva
    07-18 03:26 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes





    gouridighade
    04-29 08:49 AM
    Thanks a lot, gc_check. will u suggest to book the tickets?





    waitnwatch
    05-25 06:45 PM
    Does anybody have actual TEXT from Managers Amendment from Thomas?

    Not available there...yet!



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