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invincibleasian
02-05 02:39 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.

Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
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WeldonSprings
05-18 06:51 PM
This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

This lawsuit is to bring justice to the last three years of absolute anarchy.

This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

I think Indian EB3 will join shortly.

Guys,

This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

Pappu sir,

Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
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bluekayal
09-08 01:19 AM
approving 2 I-140s , one based on Schedule A priority date - 2006-- and then another one using the prior labor date 2004. And then when it comes to adjudication, refusing to accept the 2004 priority date.
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ajju
08-31 01:29 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.

However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?

Thanks..

I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
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ss2005
06-11 01:20 PM
[QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.


One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.
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sukhyani
01-26 07:44 PM
Hey guys, I received this notice in the mail from USCIS asking me to appear for "Initial" interview for further processing of my I485. Can someone please throw some light on what that might involve?

My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.

Please reply.
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amitjoey
07-20 01:43 PM
We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?

Just register your marriage here in the USA.
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whattodo21
07-09 03:08 PM
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.

Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
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gc_on_demand
09-19 10:54 AM
Hello All

I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.

Can I travel if visa is going to expire in 2 weeks. but having ext approved ?

Can i eligible for emergency appointment worst case ?

What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?

Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
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computerClerk
06-11 05:26 PM
Kris,

This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.

Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.

Thanks

Gaurav.

1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately

I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

- cheers
kris
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smuggymba
11-30 01:21 PM
As per the document:

total EB2 visa available: 40040
Grand total of EB2 pending: 33850

So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.

Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.

Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.

i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
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kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
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amitga
12-09 07:02 PM
To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.


Can you please share what steps you took to follow up with NSC on interfiling and did they respond to your requests.
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whoever
07-20 02:09 PM
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
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ivar
04-28 05:27 PM
my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

2.) Am i wrong is even asking for that information?


Pointlesswait,

Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.

Thanks.
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Reddy1576
07-27 12:03 AM
I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

So there are 2 I-140's with the USCIS.

Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

Now, I filed my H1B extension , What will happen to the H1 extension ?

and What is my status now?

Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

Any help would appreciate

Thanks
Reddy
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pmpforgc
12-11 08:53 PM
Can some one reply my following questions about Advance parole

Hi

I am trying to file Paper based Advance Parole ( I-131) for me and my family.

I have few questions regarding process and forms. Appriciate your hlep with those.

(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.

On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?

(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?

(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.

Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?

(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.

(5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)
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eb3_nepa
05-28 12:25 AM
Hi Guys,

For those who applied for the EAD and it has already arrived (or those who have done the ead renewal b4), when does the new EAD/AP start from?

Say my EAD is expiring on Oct 1 and I apply on June 1 (lets assume every month is exactly 30 days for calculation convenience). Now say my EAD arrives on say Sep 1, then does it start from Sep 1 or does it start on the original Oct 1? I guess my question is, do we lose a few weeks each time we renew the EAD/AP?
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hope4best
05-26 04:33 PM
My lawyer followed the same route. After getting EB2 I-140 approval, they send a letter to capture the PD from EB3 case and interlink the I-485. The letter was sent out around May 10th, no updates on I485 so far.
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wanna_immigrate
04-22 09:23 AM
Democrats Revive Immigration Push - WSJ.com (http://online.wsj.com/article/SB10001424052748703404004575198601410995496.html?m od=WSJ_hps_sections_news)
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royjonny
06-19 12:35 PM
I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.

I do have the new I797 (till 2010) for my H1B extension from my current company.

1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

2. Is I140 required to do EAD extension ?

3. What are the consequences of not having an actual I140 copy with new employer in future.?
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