Wednesday, June 8, 2011

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  • bishwas123
    03-14 05:34 PM
    Hello everyone,

    My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?

    Please any suggestions would be greatly appreciated

    Thank you.





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  • chanukya
    05-17 11:43 PM
    I think you are slightly off again. This clause pertains only to labor certification and has no relation to quotas as I understand. Remember that there is no such thing as an LC quota. So you still wait in line... Only gain is that the bar for labor is slightly lower because the employer has to show that they hired the best guy for the job as opposed to showing that no minimally qualified American citizen was available. ;)

    US Masters and above exempt from quota...

    Read this (Sec 514)
    http://immigrationvoice.org/forum/attachment.php?attachmentid=56&d=1147880856
    in conjunction with this ...(USCIS Section 201(b)(1)(8 U.S.C 1151(b)(1)
    http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1225?f=templates&fn=document-frame.htm





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  • lazycis
    02-11 09:52 AM
    wow.. thanks guys.. you guys so nice..i didt come illegal here.. like you see i said i lost my statu becouse some thing stupit happens..and i try to stay legal..anyway..thank for you support..

    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.





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  • ravindrajadeja
    04-30 08:34 PM
    Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.


    Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..

    Thanks again



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  • thomachan72
    11-12 06:11 AM
    Hi was an educational evaluation submitted along with the application?? Usually for degrees from non-US universities while filing the H1b application they require us to submit an educational evaluation along with copies of the certificates/transcripts. If you had not got your wife's degree evaluated and submitted that report then that might have triggered this rfe??





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  • gc_chahiye
    11-27 04:12 PM
    Hello GC_Chaiye,

    Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?

    MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
    thank you

    I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.

    Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).



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  • dbevis
    April 16th, 2004, 05:37 PM
    The first one looks like some kind of space ship cruising through space gas.





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.



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  • arun_psu
    12-08 10:53 PM
    I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?

    thanks
    arun





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  • CADude
    09-26 05:18 PM
    You will get couple of July 2nd tracker under "Receipt tracker of 485, EAD and AP applications" category. USCIS forgot about few July 2nd filer or abandoned.

    Hi, My application for I485 was received by Texas service centre. I have not received my RN and neither is my check has been cashed yet. I am confused looking at the online dates at www.USCIS.gov. Is there anyone who filled on 2nd of july and have not heard back from USCIS.
    Thanks!



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  • chanduv23
    10-09 08:04 PM
    Wow we have

    TexanMom and now Amma - two moms trying to reqruit all the highly skilled cry babies of Texas to join the group.

    We are with Moms :)





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  • raysaikat
    10-10 11:26 AM
    Thank you!

    I am not quiting my company but I am moving to India. In that case what will happen ?

    Your valuable inputs are greatly appreciated.

    Thank you very much!

    I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.



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  • admin
    05-18 11:21 AM
    CNN-IBN covered our Issues at the Meet and Greet Event in Washington DC. Here is the full story -

    http://www.ibnlive.com/videos/fullbvideo.php?id=10788





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  • anilkumar0902
    09-18 12:06 PM
    EB-2 , PD: Oct 2005, Filed at Nebraska, I-485 Received Date: 07/31/07, Notice Date: 09/05/07. Section: Unknown for me and my wife.

    Last week, called up USCIS and mentioned about my case. The person who took the call, said nothing can be done and that i need to wait for the application to be processed.

    I called up today again and spoke with a different lady and she patiently listened to the details and placed a Service Request to USCIS about the details. She wanted me to call back in 45 days if nobody contacts me about the same.

    But, looks like many folks who applied in NSC, are facing this issue of "Section: Unknown"...Not sure, if we need to be worried or not. But hope everything works out well at the end.



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  • karthkc
    03-27 05:47 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

    What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

    In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

    If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

    Hope that helps!

    --Karthik





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  • qasleuth
    07-17 11:35 AM
    If you are serious about discussing issues like this, I would suggest you take opinions/bias out of your arguments.

    All of your below listed biases are classic anti-immigrant groups' slogans.
    "unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"

    If you want a healthy discussion, do some research and provide data to support your assertions or ask for data before you make assertions. This thread will quickly turn into a bash fest against so called "unskilled" workers.

    And, how do you define "unskilled/low skilled" ? as compared to what ? A Java programmer ?

    I agree as well as dis-agree.

    numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.

    I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.

    Thanks,
    M.



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  • Queen Josephine
    June 19th, 2005, 08:53 PM
    It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)

    If you get frustrated with it, drop a note. I actually did the rainbow pic this am before I left the house.... took screen shots while doing it and made a pdf file for you. I just haven't had time to get it up on my website yet though. Maybe tomorrow!





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  • bigboy007
    06-21 10:49 AM
    but why are you so sure your 140 will be denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected.

    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.





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  • vamsi_poondla
    09-23 11:19 AM
    If your priority date is too close (within few years), become a consultant. Then your job duties will be flexible. You can do ALL that you have cited in labor certification and yet do additional duties.

    (Is your labor based on RIR?)

    Anyway follow attorney's advice.





    rajivkane
    05-21 09:52 AM
    HI!

    I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

    Some more :

    Murhy.com has following:

    "However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"

    Some of the questions based on above:
    (1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
    (2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
    (3)Why only NSC requires this? Is this law or someone's whim?
    (4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.

    Please guide.

    Regards,

    Raj





    speddi
    10-05 07:06 PM
    Speddi

    which serivce center are your applications pending with?

    mine is at Texas Service Center



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