Saturday, June 25, 2011

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  • amslonewolf
    05-22 12:03 PM
    I don't think the state dept is that naive. They already know what the demand would be. All they would have to do is just look at the approved I-140s and they a very reasonable estimate.




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  • BharatPremi
    03-17 02:33 PM
    No




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  • lj_rr
    09-01 12:31 PM
    It will be good if someone can provide the exact steps.

    Hi
    I have my Labor and 140 approved. (140 approved in Jan 2009)
    But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
    So I am planning to request both of this by making FOIA request to DOL and USCIS.
    I have done some ground work for that. Now here are my questions.
    1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
    Or are both of this employer�s petitions?
    2) I have heard that after six month of 140 approvals it become employee petition.
    How much true is that?
    If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.




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  • nixstor
    07-11 11:09 AM
    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
    :mad:

    Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.

    The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this



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  • srkumar_2k
    07-26 09:31 AM
    The Link is not working.

    Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?




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  • felix31
    02-12 11:36 PM
    I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.

    My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).

    Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.

    Good luck.

    thats exactly what we will do as BOTH H1& H4 were filed together (they both expire on the same date).

    Hopefully, H4 will get picked up with H1.



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  • prioritydate
    07-28 12:43 PM
    My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U

    It doesn't make sense to push back again to Jan 2003 for EB2. It's been there for over an year and all of them who had that priority date would have applied and gotten their GC.




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  • Better_Days
    12-01 12:55 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

    While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.



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  • Lydia
    06-18 11:23 AM
    I understand it is law but he is denying... I did offer him money, but he says a big NO.




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  • saimrathi
    08-10 03:51 PM
    Great find..

    Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media



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  • nk2006
    05-03 08:01 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)

    You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.

    The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.

    Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)




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  • ksairi
    08-16 01:56 PM
    My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)

    Please let me know his options!

    1) Do they reject his applications in TSC?.
    2) If he file another set in Nebraska Service Center is ok?

    ?



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  • Berkeleybee
    03-01 02:05 PM
    Another improvement if I may:

    Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.

    Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
    We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.

    Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.

    It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.

    You have a lot of suggestions in there let me try and respond:

    (1) Yes, we do have the ability to get in touch with our members by email. However, mass emails are a strategy to use when we want to launch a massive drive. We do send out regular newsletters, urging members to take action.

    (2) We are working to make our webfax feature more transparent. I like your suggestion about letting people know how easy it is. Will try to get that in.

    (3) About a concerted membership drive: I agree and we do have an ad running on Rediff; We are also trying to reach out to large organizations like NetIP.

    (4) I think it would be counterproductive to charge a membership fee.

    One of the big problems that any voluntary organization faces is that there are usually a lot of people with non-specific ideas and not enough people who will take an idea, come up with an action plan and execute it. We need many, many more volunteers who just take the initiative and execute.

    We'd love it if you could help us by coming up with a concrete plan and execution strategy for any one of your suggestions. From idea, to steps to delivery.

    I urge all the type-A get-things-done people out there to swing in to action!

    best,
    Berkeleybee




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  • Munshi75
    03-07 09:52 PM
    if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.



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  • copsmart
    02-20 06:47 PM
    I think your wage is high, because you are in EB2 category.

    In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.

    I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.

    So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.

    In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.

    BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.

    I would say, just hang in there, because the job market is really tight.

    All,

    My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
    I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
    What can I do at this point of time? Any suggestion would be helpful to me.

    Thank you.




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  • acecupid
    06-25 11:13 AM
    I believe you should be ok since you are travelling and returning before expiry of old AP. You should be physically present in the US during application of new AP. Once you have the receipt for new AP, you should be good to go.



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  • jonty_11
    03-14 03:12 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...




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  • AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!




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  • imm_pro
    11-16 11:20 PM
    my company went thru a round of layoffs and the lawyer made me wait for 6 months before filing for labor at that time....but the ad process was in progress during this time..




    gclongwaytogo
    10-23 11:36 AM
    I got the mail today....

    PD - 2004 August
    485/EAD/AP RD - July 3rd
    ND - October 11
    EAD Card Production ordered - October 22nd.
    FP Notice - Waiting
    AP - Waiting




    reddog
    01-21 11:03 AM
    Money.........



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