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  • gc_buddy
    12-03 12:52 AM
    Good news..But, let us not stop our campaign until we hear something concrete from USCIS.





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  • dazed
    07-30 07:35 PM
    Is it possible to get your EAD, if I-140 is still pending. :confused:





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  • vallabhu
    12-12 02:08 PM
    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .





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  • alanoconnor
    04-10 07:29 PM
    http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3

    REFILING

    Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
    Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.

    NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.

    NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.



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  • koti
    10-28 01:52 AM
    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.





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  • mayhemt
    04-20 06:33 PM
    For all the critiques against this march....
    Remember, this march is for pushing lawmakers to 'take up comprehensive immigration reform'. This is not for granting immediate amnesty to undocumented/illegals.

    If you are waiting for exclusive reform on H1B/EB3-I/EB2-I instant-green-card-welcoming kit, well, good luck in your shell for another 1000 years. Why not join hands with another group for a similar & bigger goal? Like I said in my initial post, there's nothing to lose... Consider it. Its a 'I scratch your back, you scratch my back' thing..

    With a lot of media attention, they finally might take it up seriously before another year is wasted.

    From Why March? � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/why-march/) ..

    Our broken immigration system hurts millions of families across America. It keeps workers under the exploitative heel of employers, pitting workers against each other when we could be united to move our economy forward. It keeps men, women, and children living in fear of raids, detainment, and deportation. Every day that our government doesn�t pass immigration reform, the fabric of America is unraveled, and the American dream is deferred.

    Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.



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  • Raj_2009
    12-16 03:37 PM
    Hi experts,

    I need some expert advice for H1B transfer case and vacation plan.

    Background:
    I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

    Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

    Legal opinion
    But my attorney says that

    1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
    2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


    Questions:

    But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

    I have few below questions regarding the situation that I have. Kindly answer my questions..

    1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
    2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

    3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
    4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
    5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
    6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.


    Kindly provide your honest opinions so that I can take my decision for my future.

    Thanks,
    Raj





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  • redcard
    01-19 01:08 PM
    Here is my understanding:

    Situation 1-

    1. Get New Visa Stamped:

    If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.

    Situation 2

    2. No New Visa Stamped and entering on the old visa

    I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..


    Hope this helps..



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  • chanduv23
    01-25 02:43 PM
    This is still on. Singhsa3 will be there. Please attend this





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  • cygent
    05-28 01:49 PM
    Hi Jerrome,

    You should receive it in 3-4 days max. We got it in 2 days. Please ask them to recheck, or call USCIS 1-800 number or even better conduct INFOPASS where they can even resend the RFE to another address if necessary.

    Generally how many days it takes to get the actual RFE in hand.



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  • WaitingYaar
    07-08 03:06 PM
    And what are your filing details?





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  • royus77
    06-22 06:52 PM
    HI,

    Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-

    - I need to send it by mail to sanfransisco and what if it gets delayed?
    -Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
    -All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...

    So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??

    Awaiting for ur golden responses,
    vaishu

    If i were you,I will prioritize what i want ?Filing 485 or a Married Name.If you want to change your name it can be done on any day after getting the GC ,after becoming a Citizen.



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  • BharatPremi
    07-10 01:01 AM
    Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.

    This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:





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  • shana04
    02-28 01:14 PM
    the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.

    Chandu,

    When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.

    Good luck.



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  • pamposh
    08-05 02:26 PM
    Filed 485 in vermont service center

    --------------------------------------------------------------------------------

    I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.

    anyone else in the same boat?





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  • justin150377
    07-09 09:05 PM
    Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.

    It's too late there's a big stick up your ass already how much farther can they really push it in.



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  • Googler
    02-14 04:24 PM
    "Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
    (1) never been authorized by Congress;
    (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
    (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.





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  • JunRN
    07-18 07:19 AM
    schedule a isn't available anymore since feb 2007.


    Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
    Our visa is also EB3.

    Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?





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  • ujjwal_p
    06-02 06:12 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

    I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.





    kondur_007
    07-24 10:26 AM
    ???

    It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).

    This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.

    Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).

    So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).

    Good Luck, and yes, send it ASAP...:)





    mambarg
    09-26 12:41 PM
    If you see data.
    Approvals started happening only in JUNE, JULY, AUG, SEP.

    So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
    Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
    But only those current in Oct will get VISA number assigned.

    Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.

    Things have definitely changed for better at USCIS due to fiasco.



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