Wednesday, June 8, 2011

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  • wantgc23
    08-15 02:30 PM
    First find the SOC code for the Labor based on which your 485 is pending, Then find the SOC code for new job. If they are same or similar you are fine.

    Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.

    If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.


    NOTE: I am not an attorney, use the info at your own risk.




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  • immigrationvoice1
    11-29 04:55 PM
    I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.


    The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.




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  • ksairi
    08-17 08:41 AM
    Kindly inform your friend that uscis is just accepting application for skilled workers at the moment.

    HOW your answer relates to my question?




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  • vinnysuru
    08-31 10:11 AM
    Hi Guys, After I read the murthy bulletin article on EAD's I was glad to see a possibility for applying for interim EAD after 75 days. But since then I have done a lot more research and couldn't find anything related to this anywhere. I live in Wisconsin and the only way we can get help from Milwaukee field office is by going through infopass online to set up an appointment. And it still mentions that if it has been past 90 days then you can request an interim EAD. I would really like to see some more info on the 75 day recommendation. Also, does anybody know what all you need to take with you to get interim EAD.

    Do you need original receipt notices or will copies do? I am sure you need a photo id!! What else? Thanks



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  • gcwait2007
    07-23 12:28 AM
    For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?




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  • lostinbeta
    09-06 04:01 PM
    There are multiple ways of doing it. I use your way, but I was trying to go a way that was easier to explain so if anyone who is new to photoshop read this, they would understand.



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  • crystal
    06-15 06:20 PM
    I found in another forum similar question but not exact.

    http://boards.immigrationportal.com/showthread.php?t=115661

    as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly

    (moderators please do not delete the above link , as I am just trying to get information for my cause.)


    I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across




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  • joydiptac
    05-14 05:02 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?

    In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
    FWIW



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  • Dhundhun
    11-30 02:13 PM
    There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.

    There are several approved cases without letter or I485 receipts.

    But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
    Packet with top right (application for AP A#...)
    .... I131 Application
    .... Envelop (on cover describing that it contains photo and check)
    ........ Two pictures with name and A# on back
    ........ $305 check in favor of U.S. Department of Homeland Security, USCIS
    .... Copy of I485 Receipt Notice
    .... Copy of previous AP
    .... Photo Ids (all)
    ........ Copy of Biographic Pages of Passport and
    ........ Copy of DL and
    ........ Copy of EAD
    .... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.

    Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.

    In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.

    Update: Received both APs in less than 2 months.




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  • desi3933
    03-03 11:54 AM
    Thank you Desi!
    Man, that is one heck of confusing language, I am still trying to understand it.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.



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  • anurakt
    01-03 11:12 AM
    I think we should give an option for more than $100 too i.e. a blank field with a validation that it cannot be less than 20$. Also instructions should be given on how to cancel the monthly subscription. Also it should be agreed by the patrcipant that he won't ask for money back and in case he does that we should be putting rules around it such as administrative fees. This would make sure that the fees IV pays to paypal for transactions is taken care of.

    My suggestions , doesn' mean that these needs to be implemented , also all those who sign of monthly with proven monthly of minimun 50$ should only be allowed to get into members only forum threads etc etc...again $50 is an example....




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  • Libra
    08-03 12:26 PM
    Lisap, do you think you need to open a new thread to ask this question, dont you see there are hundreds of threads already opened on this issue.......i mean, what i wonder is you didn't find a single thread to post your question....man you guys........:eek:

    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....



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  • optimist578
    12-28 09:51 AM
    To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
    I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.

    Thank You.

    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(




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  • Munna Bhai
    03-28 04:13 AM
    hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

    pd's
    January 15, 2008: from April 07.. it became July 19
    February 15, 2008: from July 19... it became July 30
    March 15, 2008: from July 30... it became JUNE 08, 2007???????????

    Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

    this is the link to nebraska service center
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I NEED YOUR COMMENT REPLIES.

    what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.



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  • ssdtm
    12-12 04:06 PM
    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.




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  • nlssubbu
    12-24 01:22 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
    I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.

    I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
    Thanks

    Thanks



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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.




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  • lost_in_migration
    05-15 01:31 PM
    /\/\




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  • bikram_das_in
    10-20 06:15 PM
    Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.




    amdee
    01-16 11:01 AM
    Any update on this. I am also planning to go to the school with my I485 pending. Just wanted to make sure that I will not get ito any issues with my pending I485.

    [QUOTE=mharik]Hi ,

    Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????


    ANYONE????




    greenlight
    02-18 05:02 PM
    go to USCIS cases status page and create an online profile. Then you can add any immigration cases by case number to your protfolio. Once you do that, you can see the Last Updated date everytime you login. Everytime you get status change on your case, the LUD will change. But sometimes, LUD will change without any visible change on your status (known as "soft LUD").

    Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.

    Hopefully that is a complete glossary of everything LUD.


    Thank you very much!



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