Friday, June 10, 2011

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  • crystal
    02-14 05:23 PM
    If you jump to EAD ,you cannot bring ur wife here on dependent visa. You are better off being on H1B till you file I-485 for your wife.


    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    iany inputs are appreciated??





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  • 485Mbe4001
    03-20 03:56 PM
    There is a lot of political posturing, each side is solidifying its position based on their agenda. Being from southern california i know Nu�ez is posturing for all the illegals as opposed to only agJobs. We are smal legal minority that no one really cares about.





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  • la_guy
    07-28 05:01 PM
    i too got LUD on the AP on 7/27. should be system upgrade. hope this helps.





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  • kartikiran
    12-17 02:11 PM
    My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

    My question is that is 2 months of AP validity / cushion enough or safe to enter the US.

    Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.

    Thanks in advance for all your time.

    Used NY POE. Arrived on July 5th with expiring AP on Sept 9th. No problems.



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  • boreal
    09-22 03:59 PM
    Hi PCS,
    I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?

    Thanks,
    pcbadgujar


    Oh God!! People can and will do anything to abuse Labor Substibution.





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  • cleopatra
    02-07 10:03 AM
    My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.

    My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.

    I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.

    How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?

    Any help is greatly appreciated.



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  • bp333
    11-13 04:12 PM
    Check your private msg


    USCIS has accepted my application and we received the receipts today. Thanks to USCIS. They are being lenient.





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  • sledge_hammer
    06-25 11:07 AM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.



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  • babu123
    10-08 07:08 PM
    bloody bulletin . never moves
    I am still short of 16 days.





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  • Fightwithfate
    03-13 09:46 PM
    Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me



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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)





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  • hobbyaddict
    November 2nd, 2009, 07:45 PM
    "I am thinking next year I would like one of the broad range zoom lenses, a camera and one lense is a lot easier to carry on a trip. "

    It's about a year... I think I may want a teleconverter /TC-14E (1.4)



    -Ed[/quote]

    Main GC independence factor: AC21 or 180 day test? [Archive] - Immigration Voice

    View Full Version : Main GC independence factor: AC21 or 180 day test?




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  • morchu
    05-04 02:44 PM
    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.

    As per the Neufeld memo links below:

    On page 4 of memo:
    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.

    See links below for more data
    http://ac21portability.com/modules/wflinks/
    see Neufeld memo specifically, they also have all other memos and guidelines.





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  • mach1343
    06-01 09:20 AM
    Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.

    Exactly, Big companies Be careful. You have a lot of things to consider before even applying. So think about it....



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  • gnrajagopal
    08-18 11:43 PM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007





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  • american_dreams
    08-01 01:51 PM
    Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.

    In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.

    So do not worry about which version of the form you are using. Make sure you are including the correct fee.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    BTW, i have the old forms if anyone really needs them.



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  • mmk123
    07-29 01:18 PM
    Thanks! It's just a modest attempt to entertain outselves with humor in these hard times.
    Actually thanks to these articles and comments on BW and other forums - they are inspiration to write something witty and funny!

    - M





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  • sertasheep
    08-23 09:42 PM
    Dear IV Members,

    We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.


    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Name:
    City/Area:
    Added 08/26/2006: <<Country of citizenship>>:
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

    --------------------------------------------------------------------------





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  • tdasara
    11-21 09:57 AM
    10 Year visa costs over $1000. Transit Visa costs $76





    s416504
    02-04 03:48 PM
    You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
    I think that will give clear idea if USCIS not finding you I140?

    My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

    I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

    I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.


    its the same co. which filed my I-140 & I-485.





    dealsnet
    10-12 08:37 AM
    Your situation is complicated.
    There is a 240 days rule to stop working, if H1B is pending for an approval.
    It is for working with the same employer. Transfer may be diffrent.
    But since it is a premium process, and your I-94 is expired, you need to be very careful.
    You are now out of staus, I fear.
    So rush to a good lawyer and contact USCIS.



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