Tuesday, June 7, 2011

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  • stucklabor
    03-16 12:38 PM
    I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.

    Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.

    In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.

    In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.

    So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.




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  • punjabi
    01-13 03:21 PM
    Multiple PERM applications can be filed if the employers are different.


    I am planning on filing a new PERM as a prospective employee of a consulting firm and also have a PERM filed simultaneously from my current employer..
    Has anybody had any experience with this kind of situation, Are there any complications? would this be feasible...pls suggest...
    Thanks...




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  • guesswho
    10-23 08:09 PM
    Anyone going to Nogales for visa, I would suggest reading my exp:

    http://immigrationvoice.org/forum/showthread.php?p=208797#post208797




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  • hibworker
    06-05 04:06 PM
    You can travel with valid visa and receipt notice of pending petition. If you receive approval while in India your company can send it to you and both you and your wife can get new H1 and H4 stamp

    Your company can reply to RFE without you being present in US



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  • agiyer
    02-06 05:31 PM
    Hello,
    I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
    A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
    But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?

    Thanks & Regards,
    Anand




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  • The7zen
    03-24 05:54 PM
    H1 transfer will bring you back on status...

    do you mean to say goto any employer whoever gets job?
    i doubt you have any other better options.....



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  • puskeygadha
    06-04 09:49 AM
    it will take 5-6 months from now atleast




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  • prabasiodia
    08-13 07:46 PM
    This is the link to USCIS - FBI joint initiative where they plan to clear all the backlog by June 2009 to acceptable limits: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf

    This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.



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  • ssss
    11-14 12:36 PM
    I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
    As some stupid questions:
    - I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
    - If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
    - Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
    - any small clue will be greatly appreciated.
    Thanks.

    If you have a approved I-140 and your name check completed you can expect GC soon. If not even with older PD you need to wait for I-140 to be approved to get GC




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  • gc_check
    04-09 07:27 AM
    The indian consulate needs a proof of address for me and my wife
    We sent them the Property tax bill and hoped that it would work but get this mail from travisa

    Proof Of Residence - Unacceptable
    The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.

    Now why does not a property tax not work ? it is issues by the county.

    We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill

    Any suggestion ? or anyone had a similar issue ?

    Thanks in advance !!

    Sorry abt. that. Send other documents to show proof of address. Interesting to know, they are not accepting "Property Tax Notice" as proof of address. I happened to send the "Property Tax Notice" too, as it includes my wife's name, but also included the Driver's license for us both and it got accepted. You will have to attach copy of your Immigration Document as well, if you have EAD/AP or any other Document with current address and your Driver's license, you should be okay. Try calling them to discuss, they are pretty good in answering phone.



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  • geniousatwork
    04-13 03:26 PM
    Congratulations....Hope we have more approvals.




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  • gc_bulgaria
    09-29 02:10 PM
    We got FP notice along with EAD card in mail today. The appointment is for a date when we will be traveling - has anyone gone to New Orleans office as a 'walk-in' and gotten their biometrics done?



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  • widad2020
    07-17 05:47 PM
    Congrats and Good Luck to all.Thanks




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  • chanduv23
    09-03 10:13 PM
    My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend

    Let me know


    Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it



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  • genscn
    07-30 01:39 PM
    Is it mention some where on USCIS website? I live in GA but since I-140 was filed at Nebraska center, My attorney sent my I-1485 at Nebraska too.

    Yes




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  • mallikonnet
    07-19 11:12 PM
    Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.

    we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.

    The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.

    Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.

    I think we have a looooooooooong road ahead to get our GC......



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  • manand24
    07-27 02:55 PM
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

    If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.




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  • BMWX5
    03-08 09:51 PM
    I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.

    Same thing happend with me too. I gave them, they said they don;t want.
    I tried to give evey point of my transit, nobody took it.
    Don't know how to handle.




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  • java4yogi
    09-04 12:32 PM
    We do have the licence and bank accounts based on the h4 status.

    My main question was when we can apply for SSN if the employee is right now in US on H4 visa and Change of Status to H1 is approved. Whether the SSN can be applied before Oct 1 is the main thing !

    Thanks for the replies though, might help others in the same boat :)




    485Question
    09-17 04:02 PM
    :)




    bestia
    01-26 08:52 PM
    What was RFE about?



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