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  • aarzoo
    02-02 06:18 PM
    Thanks clockwork

    @fromnaija:

    Based on the regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, a labor certification approved will expire after 180 days, unless an I-140 petition has been filed in the case.

    The new rule provides a 180day validity period for approved labor certifications. All permanent labor certifications approved on or after the effective date of July 16, 2007, will expire 180 calendar days after certification, whether the original application was filed under the PERM or prePERM regulations, unless the employer uses the approved labor certification prior to expiration in support of an I140 petition with USCIS. Likewise, all labor certifications approved prior to July 16, 2007 will expire in 180 calendar days, unless filed in support of an I140 petition with USCIS prior to the expiration date. Therefore, all currently approved labor certification applications must be filed in support of an I140 petition by January 11, 2008.

    If the above explaination is correct, I should be able to use the same labor.





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  • reachinus
    09-26 01:52 PM
    I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.


    Hello,

    The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.

    We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.

    I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.

    1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
    2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?

    I am concerned that the dates will retrogress again. Any advice or comments will be helpful.

    Thanks,
    SR





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  • RLNY122004
    06-15 10:09 PM
    CaliGC,

    Here is my interview experience which I attendend at NYC district office on Apr 4th 2006.

    http://boards.immigrationportal.com/showthread.php?t=208982

    If your case is in service center then I think initiating the service request is as good as taking infopass and going to local office. becasue even if you take infopass and go to local office you will only talk to the information officer on infopass counter which is as good as calling the customre service. But if your case is in the local office then I would suggest you to take infopass and go there. If you are lucky you will get to talk to DAO (immigration officer who would be handling your case) and you may be able to find more info.

    I am not sure why my case was transfered for interview. But mine was future employment based labor substitution case so that might be the reason.


    Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.

    Also, please elobrate the interview information you had, and what you carried for the interview.

    TIA.





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  • andy garcia
    02-06 03:47 PM
    Hi,
    What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?

    If you read the back of the approval of the I-140. It says:

    APPROVAL OF AN IMMIGRANT PETITION

    Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.



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  • maximus777
    01-14 01:04 PM
    How did an EB3 2004 app get approved? Did you port?





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  • sac-r-ten
    03-22 10:34 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..

    sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.

    Good luck.



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  • gconmymind
    03-25 03:18 PM
    Is this true?

    http://www..com/discussion-forums/i485-1/86900247/

    That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?





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  • gsrknth
    07-23 01:42 PM
    http://immigrationvoice.org/wiki/index.php/AP

    You cannot renew AP while in India. The above link has good information.



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  • prinive
    07-17 06:52 PM
    Nop

    Another silly question.

    Do I file again? My packet reached USCIS on July 2nd. It was not returned.





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  • raydhan
    05-24 08:24 AM
    Thanks everyone.

    I am just glad to be a part of this effort. Thanks for all the encouragement and support.

    Regards,
    Salil



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  • gc2
    09-22 05:55 PM
    Job A
    OES/SOC Code: 15-1099
    OES/SOC Title: Computer Specialists, All Other





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  • dealsnet
    10-09 04:40 PM
    You want to take him to India permanent ?
    Any family problem?
    He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav



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  • Imm_Exploited
    07-30 11:00 AM
    I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:

    1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.

    2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).

    3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?

    IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.

    Sincerely - IE





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  • on_h1b_since_1998
    02-08 12:51 PM
    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.



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  • northstar
    11-25 05:56 PM
    You should be ok, just send them the papers again





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  • brad_sk2
    09-26 12:30 PM
    How long does it take to get EAD card by post after Finger printing is done?

    I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.



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  • MerciesOfInjustices
    05-22 12:48 AM
    On Monday, May 22, 2006, a very important new study was released on the "impact of backlogs, processing delays, and long wait times on legal immigrants seeking to join the U.S. workforce as skilled employment-based and family-sponsored immigrants". Aman Kapoor and Shilpa Ghodgaonkar from IV spoke at the release as did Senator Cornyn! The title of the study says it very clearly - Legal Immigrants: Waiting Forever (http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf)!

    Certainly this is a great study, for several reasons.

    It is the first of its kind
    It is derived from official data, not from anecdotal evidence
    It is written by independent, non-partisan scholars, who are not immigrants!
    It confirms the need for fixing the 'Legal side of Immigration' ASAP!

    Among the findings of the study:
    • Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.


    One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!

    Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.

    Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.

    But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.

    The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
    Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.

    Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.

    It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).

    Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.

    We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!

    In summary, this study will be huge in advancing our cause!





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  • GCard_Dream
    06-18 04:42 PM
    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.


    Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
    We need to oppose CIR till we see such a provision.





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  • GoGreen
    07-18 10:32 AM
    If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?

    Thanks,
    Rajeev

    Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.





    puja101
    07-11 01:24 PM
    I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.

    On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"

    I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.

    On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:

    1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?

    2. Do I need to send them only this page of Form I-485 or complete I-485 form?
    Please help.





    bheemi
    07-31 05:41 PM
    Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..



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