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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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  • ski_dude12
    05-03 01:21 PM
    All:

    Your advice in this case would be very helpful. Consider the following scenario-

    1: I am currently on an approved H1 extension (3 years) based on approved I-140 and I-485 filed (with dates not being current).
    2: What happens to my H1 if the I-485 gets denied?

    I guess in short the question is-

    What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?





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  • krishmunn
    09-17 12:08 PM
    I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

    So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

    Hope this helps...

    If the extension is denied the person falls out of status immediately and the visa get voided.

    Check this from Murthy Chat (answered by Attorney Murthy) --

    MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)

    Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?

    Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.





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  • WaitingForMyGC
    09-26 12:20 PM
    What's the difference between a catfish and a lawyer?

    One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.



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  • lazycis
    04-17 12:46 PM
    It's possible, but you need to marry first, then file I-130. After I-130 is approved, you can ask USCIS to use your I-130 as underlying visa petition for I-485. Keep in mind that I-130 AOS gives you only conditional permanent residency, after 21 months you need to apply for a regular GC.





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  • DSLStart
    06-03 02:44 PM
    Did you also mail them other supporting documents such as:
    copy of current I-94
    copy of I-485 receipt
    DL/PP first two pages etc?
    These are all mandatory supporting documents to be mailed.

    I just got the RFE for the I-131 and they just asked for two pictures.
    I applied online and the asked me not to send anything, so now they requested these pics.

    I already sent them, so hopefully I'll get my travel document soon!



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  • GCA
    05-18 06:04 PM
    Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
    But shouldnt this make EB3 India go faster?
    Then why do we see slow movement in EB3 India?

    EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.

    EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').

    So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.





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  • sunny1000
    10-10 01:35 AM
    The reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.



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  • beautifulMind
    11-27 04:21 PM
    USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..

    Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
    Options

    1) Give 3 yr ead and AP

    2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)





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  • martinvisalaw
    09-27 06:12 PM
    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?

    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.



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  • coopheal
    12-30 11:14 AM
    I think all Gravitation was saying is PD needs to be after 1st May 2001.

    This is an interesting theory about EB3 ppl moving to EB2 and jamming EB2 as well. Good for EB3 ppl having PB in 2003 at least.

    Although it does scare me that even if 20% people moved to EB2, and EB2 is now stagnant, so how many more are left in EB3 before June 2003.





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  • zCool
    04-02 01:18 PM
    So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?


    That is true,
    Ability to pay issue can be replied with company financials and assets etc.
    Paystubs and W2s are pretty basic queries, they ask them in lot of places..
    even h1 transfer can not happen without recent paystubs..
    I am confused.. they don't have money? in that case how will they even answer RFE?



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  • miapplicant
    09-24 09:56 AM
    We filed on July 23rd at NSC. No news as yet.





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  • small2006
    06-09 01:43 PM
    Guys,

    Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.

    It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.

    Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.

    On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
    , it is at least a "65% Indian issue."

    In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.

    Take it easy.





    The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.

    Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real

    The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.

    Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.



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  • swethanjit
    07-24 11:07 PM
    Thanks for the info raysaikat.





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  • andy garcia
    10-19 10:03 AM
    I don't have an A#? Where can i find that.
    If you got EAD and AP. You must have filed a 485 also.
    Check there



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  • GCMan007
    06-23 08:24 PM
    My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.

    Considering the huge load of application that will be filed by the beginning of July , is it wise to:

    1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or

    2)Wait for for spouse to return and file together on the 3rd week of July.

    Does the time gap of a couple of weeks make a huge difference in the processing of my application.

    any insights please....





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  • krishnam70
    07-05 11:55 AM
    What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.

    All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.

    Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.

    The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.

    If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.

    That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..





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  • brandon
    July 18th, 2004, 04:33 PM
    Thanks. I was a little disappointed that the purple edges did not show up well in the original photo. That makes a big difference.


    Some reactions:
    On the rainbow shot, I would clone or crop out the dead twig on the right. Cropping is probably the better option because it will call more attention to the rainbow. I tried to process the image to bring the rainbow out more, but didn't have much success. Maybe someone else can help or maybe it can't be done.

    I recropped the flower image and did a little minor processing to bring out more of the detail, particularly in the highlights.

    Hope you don't mind me adjusting and reposting your images.

    Gary





    PDOCT05
    10-31 11:55 AM
    It was rejected on Sep 22nd. Lawyer got the letter long back. But he didn't get back to me infact he didn't know about rejection untill I called USCIS & found out the issue & informed him. I think he miss placed my rejection letter. He took 1000$ more from me for giving fast service.
    These lawyers play with our lives.
    Is your case accepted now??

    We have sent our application yesterday and i will surely update you the status as soon as i hear..:)





    cool_guy_onnet1
    02-21 09:37 AM
    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114

    The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.

    I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

    I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
    Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
    I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

    Anyway, I was just frustated, sorry about this rage but just needed an outlet.

    People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
    & /OR B) They have good lawyer, who is very much prudent and willing to take chances.

    Any other theories and welcome

    *CONDITIONS APPLY LOL



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