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oaktree
01-12 12:57 PM
Dear Attornies,experts

My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

Is there anyway of taking advantage of the old priority date application that was denied with a new application.

I almost lost 2 years in priority date because of this denial...

Please suggest...
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i99
09-11 12:29 PM
Do they know how inefficient these transfers are???? :confused:
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Happyday
06-29 09:48 AM
Reminder: Those living in highrise apartments or large apartment complex should put up the names of their family members on the mail box such that the green card mails are not returned to the USCIS. Under the current USCIS policy, the U.S. Postal Services are not permitted to deliver the USCIS enevelope with "Return Requested" red stamp other than the specific individual named on the envelope. This is particularly true with the green card delivery.
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gcdreamer05
01-05 04:35 PM
Hi there,

I need your advise - have an issue with travel back to the US.

My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

I would really appreaciate any advise you can provide to my query. Thanks!

Sorry to know about your situation....

Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

This is very tricky, there is only one solution.

You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

If you had already known about this, why did you make the mistake of sending her abroad....
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sunty
07-11 05:18 PM
[QUOTE=PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now[/QUOTE]

Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
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GCBy3000
07-21 03:56 PM
Hi,

Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.

I got stuck in FBI name check for over 2+ years (24+ months)... run out of
patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

I live in Maryland, I'd like the attorney to be located in great DC area.
I really appreciate your help
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blogger
06-24 10:01 AM
Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.

We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.

Will this cause any problem during background check?
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dtekkedil
07-02 11:47 PM
If we plan to send flowers, we should send them to the SAME place, same person, if a 100 different news stations receive these flowers, this would be of no consequence, the ideal person to send these to would be Bill O reiley, God (yea I invoke his name ;) knows that he loves to talk aout himself, and if you get him involved, and throw in the words like , "BUSH wanted us to be able to AOS", he is going to be all over it.

I am going to see if I can send him a note :)

LOL Yeah Bill O' Riley!!!

I was hoping that we could send it to USCIS!

It should be addressed to EMILIO T. GONZALEZ (Director of USCIS). I'll put the address out here once I get it! :)
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rockstart
06-21 06:28 PM
The business analyst you are mentioning is classified as systems analyst in USCIS code. In this case its prefereable to have computers or electrical degree. A civil engineering degree is little difficult to understand

Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?
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anjs
11-15 02:00 PM
Any one in Knoxville.
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desitechie
12-30 05:33 PM
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?

You will get 3 years H1B extension since ur 140 is already approved.

I94 will come with the I797A approval.

This is what happened to me.
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sathish_gopalan
07-19 12:27 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.

I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.

Please point me to any thread if this has already been discussed.
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onemorecame
06-11 04:41 PM
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

Zee.

People are getting confuse with this thread. Please close this.
you can check July Bulletin in :
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
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theshiningsun
09-28 11:19 AM
Yes. You can file another FOIA to get the I-140 approval notice.

You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

I hope this helps.

it did not work for me.

i filed an foia request and got I-140 petition with approval on it but not approval notice. so i filed 2nd foia request asking specifically for I-797 of I-140. but i got a letter saying that the file does not hv an approval notice, so they sent me the I-140 petition once again.
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coopheal
12-09 07:31 AM
Bump
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gmail
12-21 12:42 PM
so you can setup your own LLC. start hiring people?
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vinki
10-27 12:54 PM
Hi !
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:

Thank you in advance....

Vinki.
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anukcs
07-18 12:51 PM
I received below email from NPR's Jennifer Ludden who had covered July 2nd issue for us. She wants to talk to somebody who was affected and she is aware that the issue is now resolved. I was not affected since my PD became current in june and my application was reached CIS in june itself. Anybody willing to talk to her, please call her.

Thanks,

EMAIL FROM JENNIFER LUDDEN BELOW
=============================
Thanks for your note about my piece on the green card mess. Now that DHS has reversed itself again I am doing a short follow up for tonight�s program. Were you affected, and would you be willing to speak with me? I need to do this very soon as the show goes on the air in a few hours�


I can call you, or my number is 202 513 2256.



Many thanks,


Jennifer Ludden





Jennifer Ludden

npr

635 Massachusetts Ave., NW
Washington, DC 20001

(202) 513-2256
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morchu
05-03 07:38 PM
I am no expert in this. But my best guess is that, he immediately need to contact the "indian consulate" and file a report. I believe the report date is important in future, in case if you need to give some explanations. Explain the situation to USCIS also. But I believe USCIS may need a new passport to re-issue the I-94. For the next travel, he might need to goto US consulate in India, and apply for B2 again.

Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?

Much apprecaite your reply.

-
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jkays94
04-26 06:57 PM
Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321

I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :

Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355

More contacts here : http://www.dailybulletin.com/contactus
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Aah_GC
07-11 05:01 PM
You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!

PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now


Hello All,

Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
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