Thursday, June 9, 2011

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  • amsgc
    04-22 07:47 PM
    Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?

    I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?

    Thanks.





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  • amitjoey
    06-18 11:43 AM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Yes, Please work on getting the letter and replying to the RFE, But that should not stop you from filing I-485. Pending I-140 is okay for I-485.





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  • senthil
    02-12 06:37 PM
    when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.





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  • miguy
    06-16 12:18 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks



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  • addsf345
    07-17 07:19 PM
    Please read this: Entering Canada � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)

    Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.

    The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.

    while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?





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  • gc_kaavaali
    11-14 04:03 PM
    Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??

    Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.



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  • mdmd10
    03-25 04:13 PM
    Please be careful when travelling to or via Dubai

    Click on the link below to see a shocking story of the policies of the UAE government related to carrying medicines when travelling to/via Dubai:

    http://travel.timesonline.co.uk/tol/life_and_style/travel/news/article3333905.ece

    Also click on the link below to see a list of Banned medicines which if carried by the travellers to/via Dubai may land them in trouble:

    I was shocked to find regular over-the-counter medicines as Robotussin, Actified or other Expectorant or decongestant medicines that contain - Guaifenesin and Pseudoephedrine HCl, which are common ingredients in many over-the-counter cold and cough medicines available in the US:.

    http://www.moh.gov.ae/moh_site/phar_med/price_list/controlled%20list.pdf





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  • gcisadawg
    04-30 01:37 AM
    Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!

    Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.

    -GCisaDawg



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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.





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  • Maverick1
    09-26 12:25 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).

    If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.



    Hi,
    I filed (along with Wife and son) at NSC on july 2nd.

    Got the Receiptts with Date Aug-28 for 485 for all of US.

    Also Finished the Finger Printing on 25-Sep-2007.

    When can I expect my receipts for EAD and AP?.

    Anyone in the same boat?

    Thanks,
    alex...


    AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .


    Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?



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  • martinvisalaw
    08-26 07:46 PM
    I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

    If the company can get copies of the cashed checks for filing fees from the bank, they should have the receipt number stamped on them.





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  • boston_gc
    01-26 04:07 PM
    I think it will be follish for any political party to not pay attention to Latino power. Mr. Obama won election with their support. For some reason, Latino group has not come forward so far to say that no CIR would mean no support to the party. I think if Latinos and all other interest groups come together, we may have a chance. Otherwise, I agree it is going tobe a while....:mad:

    The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.



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  • cherylfoster
    12-27 03:20 PM
    USCIS will only share information about the I-140 case with the applying employer and their lawyer. I once tried to help my employer to find out if the reply to an RFE on my H1-B had been received and they refused to tell me anything. I got a copy of the I-140 from the lawyer and the original from my employer, but as someone said it was a curtesy from the employer to share it.





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  • ushkand
    09-15 10:27 PM
    For the main applicant (me) under
    Section: Adjustment as direct beneficiary of immigrnt petition

    For spouse
    Section: Derivtive Adjustment

    Maybe you need to call an attorney and eventuallu USCIS to get this corrected.



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  • sundar99
    05-01 01:33 PM
    I thought even though you are a Indian Citizen, if you are already working in US, you can go to the Canada and apply from US Embassy in Vancouver or in Toronto. The wait times are really short, you can get an appoinment in less than 2 weeks.

    1. It could be a H1 extension revalidation
    2. H4 to h1 Visa stamping.


    I have heard folks do it before. I have not done it myself, so cannot vouch for it though.

    THis may be a cheaper alternative than going to India.





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  • kanshul
    02-24 08:30 AM
    As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.

    You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.

    If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.



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  • 750|140|765|131|485
    11-24 12:43 AM
    If your co-worker is giving you the letter it makes more sense to have it notarized to make sure that he really signed it - Its okay if he signs in front of Canada or other countrie's notary public. Since this an RFE - you dont want to take any chances.

    In general big companies wont issue this letter in this format and small companies disappear - so co-worker route is a pretty popular way !!

    ************* general layout , change accordingly ************

    January 01, 2007


    US Citizenship and Immigration Services
    Nebraska Service Center
    P.O. Box 87140
    Lincoln, NE 68501-7140

    Re: XXXX XXXXX


    TO WHOM IT MAY CONCERN:

    I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

    During the period of employment at YYYY YYYYY Mr. XXXX XXXXX’s duty were to Analyze, Plan, Design, Develop and Test computer programs for Business applications using Oracle, PL/SQL, UNIX, JAVASCRIPT, JAVA, J2EE, XML, JSP, EJB, Hardware/Software Configurations, JDBC, ASP, VB6, DHTML, Linux, COM, DCom, Lotus Notes, Domino, SQL Server, DB2, and Informatica.

    Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.


    Sincerely,



    ___________________________________
    Mr. ZZZZ ZZZZZ
    Designation
    Company Name

    **************************************

    You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.





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  • gcpool
    07-08 09:19 AM
    My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?





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  • dipu76
    06-02 12:39 AM
    If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

    Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
    good point... is the employer supposed to share the labor information with us?





    clockwork
    02-02 06:15 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.





    jayleno
    08-09 10:17 PM
    Hi
    I have attended a Kaplan center in NY. Call Kaplan and ask them if they have the ability to sponsor an I-20. I know one in Manhattan(56th street) does.



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