Tuesday, June 14, 2011

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  • senthil
    01-30 07:47 AM
    seem like you clearly know the reason what caused this. as mentioned by our friends, right supporting documents and a good attorney should get your job done like a piece of cake. good luck.





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  • arc
    10-25 04:56 PM
    bump





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  • maddipati1
    07-17 04:34 PM
    my wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.





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  • yestogc
    07-07 10:04 PM
    How can we know the status of 485, I mean is it pre-adjudicated or not ??

    Also what is this POJ method, can you please enlighten.



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  • panacea
    08-09 07:57 PM
    anybody? I'm also in similar kind of situation.





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  • maverick80
    01-30 03:37 AM
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks



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  • anilsal
    11-27 06:17 PM
    some legislation that will get GCs quickly for everyone. All July filers should be able to get their GCs in the next 6-15m.

    Now that is wishful thinking. ;)

    What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.





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  • ilikekilo
    03-05 09:22 PM
    I dont think we have to panic...if needed gvot will print money for FDIC...heck when they can do it for banks..



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  • mhtanim
    08-27 04:21 PM
    I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.

    What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?





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  • asdfgh
    11-28 12:02 AM
    I had LUD on I-140 on 11/25 as well. 140 was approved late last year.



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  • Dhundhun
    10-09 07:06 PM
    Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"

    How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.

    Very much true.





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  • nlssubbu
    07-24 06:54 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

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

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks

    In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.

    Thanks



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  • rameshvaid
    03-25 08:32 PM
    Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.

    Any possibilty of applying for AP now?

    Pls. advise.

    RV





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  • JunRN
    08-21 10:22 PM
    You got me there....anyway, nothing much we can do about it...let's just treat it as another delay from USCIS...



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  • nlssubbu
    07-24 06:54 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

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

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks

    In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.

    Thanks





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  • webslinger
    08-26 11:32 AM
    Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:



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  • div_bell_2003
    10-16 02:16 PM
    As far as my understanding goes , AC-21 is nothing but a rule/memo that allows you to change your GC sponsoring employer. You can decide not to send the AC-21 papers , which pretty much means that your previous company is still your GC sponsoring employer and you are required to work for them once the GC ( also please understand that GC is for a future position ) is approved and stay with them at least 6(or more) months otherwise later down the road ( when you might want to become citizen of this wonderful country) , it might cause some problems to the extent of USCIS determining that as some sort of immigration fraud.

    My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.

    I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )

    I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.





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  • dixie
    09-01 12:55 PM
    May be she got her greencard....
    weren't you the one who predicted no one here will get GC and this is all a big scam :D





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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.





    eb3_nepa
    03-25 01:12 PM
    Everyone seems to be giving 2 cents, lets contribute a lil more guys ;)





    LostInGCProcess
    06-12 05:17 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?

    Thanks,
    RC:o



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