Monday, July 4, 2011

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  • punjabi
    07-18 06:59 PM
    You should get RFE based on the missing employment letter. Rejections are related to more inappropriate cases. I know one case, the guy did not send his passport copies and he got an RFE.

    Hope this helps ease the tension!


    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..





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  • waitforgc1
    05-07 11:39 AM
    Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
    I think based on the information on other threads its usually normal nothing
    can be derived of that LUD.





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  • stemcell
    02-11 11:55 AM
    MOE

    Please 'no more posts' and 'GOODBY' :D





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  • tnite
    08-10 11:32 AM
    any CT members coming along with you.. ?

    None of them have PM'd or called me so far.



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  • Anders �stberg
    July 15th, 2004, 01:07 PM
    I love my Better Beamer. :) I think my last posted shot of the brightly sunlit finch wouldn't have been usable without the fill flash. Can you handhold that 300 2.8?
    Janet

    I need to practice some more with the BB to dial in the correct amount of compensation. It does give the flash quite a lot more oomph.

    Can I handhold the 300? For *very* short periods. :)





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  • andy garcia
    07-30 02:54 PM
    but we do get the original FP notice , right?

    That is correct. I meant Lawyers get copies. we get the originals.



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  • kaisersose
    07-30 09:15 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.

    2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.

    3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.

    Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.





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  • willgetgc2005
    11-17 01:23 PM
    And you are betting that EB will be in CIR. May or maynot be the case.
    CIR may just have H1 B .

    Seems bleak.SKILL is the best bet. Politically, they will want CIR to linger on so they can bicker......




    if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
    IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.



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  • morchu
    04-21 02:45 PM
    Try to be "truthful" in the "intent".

    You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.

    If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.

    Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.

    -Morchu

    [QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

    what kind of evidence you need to provide to show the intention that you will move back to the original location!





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  • the_googly
    08-22 02:14 PM
    ND: Jun 26 08
    Approved on Aug 19th 08

    Don't worry.. they are catching up.



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  • indio0617
    05-02 03:43 PM
    Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
    I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
    Any input is appreciated.
    thanks.....


    Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.

    If you want to move to a new employer go for it.





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  • NIW
    08-31 12:15 PM
    As illusions said, Lou has shot himself in the foot once again. Pehaps Lou should come out of his illusion and see the real world before he confuses his eye for his foot.



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  • gchopefull
    10-02 04:04 PM
    what do u mean by
    "There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon)".
    does this means that if company files for appeal the 485/ead will be denied and revoked?
    or if company files for mtr the 485/ead will be denied and revoked respectively?
    thanks





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  • mchundi
    07-28 01:36 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    U will get a 3 year H1-B with the new employer.
    i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
    --MC



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  • GooblyWoobly
    09-25 01:42 PM
    3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..

    HTH,

    Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.





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  • ronhira
    10-20 12:44 PM
    Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.

    there is no need for pro-immigrant senator to respond becoz as soon as they respond..... it will increase the visibility and importance of grassley..... many a times in politics, the purpose of putting out provocative statement is to provoke a response..... to that effect, no response is the best response.... it is better for california director to respond & fight with a sitting senator, which de-values grassley's perceived seniority.....



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  • WAIT_FOR_EVER_GC
    11-11 12:35 PM
    Why don't you ask this in the free attorney call

    hello

    work for decent size company (1500 employees).i am the only non citizen/non gc holder

    applied eb3 and stuck since 2003.gained masters in 2006

    planning to apply to EB2 with different title .

    my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

    in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

    does that mean its guaranteed audit like that meaning do they question or is it possible

    any experiences who ported are appreciated

    thanks





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  • optimist
    06-23 03:07 PM
    ...I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.

    Keeping immigration aside, if you think getting married will save you any headaches, you are setting yourself up for some big surprises buddy :D

    Jokes apart, indeed the fastest route to a GC is by applying as spouse of a US Citizen. If that is an option for you, GO FOR IT!





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  • mayurcreation
    10-05 05:23 PM
    Who can file under EB2 categary?

    I have One yr experience from London and One and half year in USA. Can I file my GC under EB2 categary after Two and half year wich will complete my total 4 yrs of experience in I.T. ?

    Any suggestion are welcome...





    bkam
    05-18 10:30 PM
    Every time when such "mistake" is made (honest mistake or on purpose), the core group and people who have been involved in the interview must react (faxes, letters, email) and stress that IV is international, not an ethnic group.

    This is important for our common goal.





    raj3078
    07-27 12:48 PM
    If NSC had put all applications from July 2nd to July 17th on hold.
    Did they open and timestamp it ? for received date ??????

    If they did not , then I may be lucky.
    Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

    Do you guys think ? they might see this and enter it as received date ?

    You answered your own question....If you are lucky then you will get it



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