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hlangmo

April 11th, 2005, 10:54 AM

I totally agree with you about the birds coming towards me, but this time i did not get a single one of them in focus. So i just have to keep trying.

F1 to green card.... [Archive] - Immigration Voice

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kingpin60

07-16 04:08 PM

Hi everyone,

Here is my situation and I need URGENT help.

I am currently on L1-A for past 7 years (Visa expires Nov 07). During this span my company's attorney has unsuccessfully filed my I140 (twice was rejected at NSC and later TSC - due to 3 year degree and also my job description prior to transfer to US did not showed I have managerial/management function of a department). He refiled again this time with proper documentation and additional support letters from senior exec from my company.

I suspect he has been making mistakes in my filing and my time is running out. I am thinking of using my own money and hire another lawyer to file a fresh I140/485. Is this possible since I have already 2 pending I140; one at NSC under EB-1C and another at TSC under EB-3?

Please reply urgently if anyone has the answer to my question as I am running out of time.

Thanks in advance.

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Blog Feeds

08-10 10:00 AM

The Department of Labor (DOL) issued new PERM FAQs (http://www.h1b.biz/lawyer-attorney-1135851.html) on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a "business day" for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:

* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.

If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)

More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)

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mrane1

10-15 05:55 AM

You should get your EAD after FP

Not true... FP depends on your local office... If they are backlogged then your FP is delayed.. So if you are from BA/NY/NJ your FP will be delayed... As far as EAD is concerned you just have to wait... Its very unpredicatible... I got my EAD 1 month AFTER I got my gc! go figure!! My wife received hers last week.. BTW I am a early June filer

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validIV

04-28 12:26 PM

My only thought is why arent they trying to re-introduce the visa recapture bill. But that thought in itself is a rhetorical question.

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martinvisalaw

02-18 04:23 PM

My report of the call is here: Law Office of Elaine Martin - immigration news: CIS teleconference today on recent H-1B memo (http://martinvisalaw.blogspot.com/2010/02/cis-teleconference-today-on-recent-h-1b.html)

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ufo2002

10-10 12:30 PM

Should be out by at latest the 15th... the bulletins in the past have been released in a range between 5th to 15th of the month.
I think with the Columbus Day holiday recently, they might take an additional day to release.

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dskhabra

05-27 04:28 PM

I had a hard time to get dates in Punjabi for my parents...after trying for many days...finally found some one paid him Rs XXXX and got the desired date time within 1 hour. This is not the right way but I had no other option.

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nandakumar

03-27 01:15 PM

My I140 was originally filed at California service center, on 3/24/2006 it was transferred to Texas service center.

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sargon

01-11 08:10 AM

Hi,

Myself and my wife filed our I-485 applications a couple of years ago. My wife was supposed to fill the date of birth of her mother in the application form. My month-in-law was born in a village about sixty five years ago, and nobody is aware of her precise date of birth. So we filled a date that was the most probable date as per our best judgment.

We forgot about the matter till now. However recently my folks back in India got a passport made for my mother-in-law. In the passport they filled a different date of birth (same year, different day and month). I came to know of this issue when we were planning to obtain a visitor visa for my mother-in-law.

How will this issue impact our pending I-485 applications, and the chances of my mother-in-law obtaining a US visa. It was a genuine mistake with no ulterior motives whatsoever. However now the lady has two different DOB in two different set of documents (her passport and her daughter's I-485 application). Should we take any steps to rectify the matter, or just ignore it.

Thanks all.

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imm_pro

03-26 05:23 PM

Hi,

Can anyone share the experience of H1 Visa stamping in Hyderabad. As per their web site they need quite a lot of documentation. Not sure if such doecumentation is required for visa revalidation (same category - H1) as well.

Thanks
Bob

Not sure if this would be helpful to you - but my friend's wife got her first time H4 stamping done in Hyd recently without any issues.
Documents asked were recent paystubs and last year's W2.

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girishvar

08-10 05:44 PM

I dont know the answer. Please call NVC to get the correct answer.

Thanks girishvar

So ones I have new passport should I have to send copy to Consulate or NVC?

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achopra76

08-22 09:19 PM

hi everyone,
i wondered if someone could help me find answer to the following questions.

I am a Physician and currently in Residency program which is for 3 years. my residency ends on 30th September 2008 and i have H1b status. I have been offered Fellowship in my desired specialty but it starts on 1st January 2009, therfore there is a gap of 3 months between the end of my current job and beginning of my next job.
so my questions are:
1. H1 petition which I will file for my fellowship starting 1st jan 2009 would be an extension of my current H1 or would I have to file a new H1?

2. suppose I find a job for 3 months gap period at the same institution where I have got my fellowship (keeping in mind that decription of this job would be a little different from what i will be starting from 1st jan 2009), would i have to file for 2 different H1B petitions (one for 3 month period starting 1st oct 2008 and the other for fellowship starting 1 st jan 2009).

3.also, I was thinking that if I file for H1 approval say in july 2008 for the fellowship starting 1st jan 2009 and get approval by mid september 2008. with the approved petition I go back to India and have a vacation for 3 months and come back to US in late december 2008 on H1B again for Fellowship beginning 1st jan 2009. In this case, what would be my status for the gap period of 3 months that I spent in India?
also, would I be issued a new SSN when i come back again. also, i have heard rumors that US embassy in Delhi can hassle you to get H1. How true is that?

Is there any other option someone can suggest?

Thanks for your patient in reading my message.

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mzafar125

02-14 10:53 AM

I was under the assumption that you cannot file for EAD unless your I-485 application has been filed. How come Amit1234 applied for his EAD, his priority date is Jan 04 EB3. Just curious.

Thanks!

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bugsbunny

05-20 12:12 PM

Hi,

I have a questions and recommendation request.

Question first:

-> I am currently on H1 B
-> I have filled my 485 and have EAD with priority date Nov 17, 2006
-> I am planning to change job now.
-> Question is; should I file for H1 Xfer or just take my chances with EAD?

The request is for an immigration attorney that can help my new employer file H1 Xfer and AC-21.

Thanks for help in advance
--Scorion

I can recommend my attorney in LA area if you need...PM me
I am quite sure he will recommend doing the H1 transfer

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amsgc

05-05 12:41 PM

AFAIK, everybody needs to fill out form I-9.

See here (http://www.uscis.gov/files/form/I-9.pdf).

I'm going to use EAD under 1099 as an independent contractor, My employer asked me to fill only w-9 form when i joined the company.

My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?

Anybody have such experiences to share?

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dealsnet

01-05 01:30 PM

How your husband file H1B for you ?
Did he own a company ?.
Did he file your H1B using desi body shops? without interview or knowing you ?!!!!!!!!!!!!!!!!
Are you start working for the company?
Your H1B start date is October 1, 2009.
Your H1B approval notice does not have I-94 attached, because you are not applied H1B while in USA. So you need to go back to home country to get visa stamped and start working in H1B ASAP.

Am currently on h4.my husband filed new h1b for me in april 2009 and it got approved in August 2009.

But when he filed my h1b i was in india.
i came to us on June 2009 on H4 visa.

can i go ahead and apply for change of status from h4 to h1b and start working.or else should i have to get my h1b stamped before i start my work.please advice.

thanks,
subri.

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arulz

10-14 02:59 PM

I have a question about 131 application form for AP.

*****************************
From "Instruction for Form I 131"

Step 1. Fill Out Form I-131
1. Type or print legibly in black ink
If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.
1. Initial Evidence
3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none."
***********************************

Do I have to enter "N/A" on each and every field that is not applicable for me?

Please advice

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cinqsit

02-05 01:23 AM

Hi,

Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.

Thanks in advance for your help.

Unfortunately the answer is No.

You will have to wait (and trust) for your employer/attorney to give you this info.

Also you can check on the current perm processing dates which the USCIS issues I think every 3 months to see
how far the queue has moved and if you know approx date when your labor was filed you can make a guess
based on the published date and your filing date

cinqsit

amitk81

04-21 04:55 PM

Hello Guys,

First and foremost my sympathies on being a part of MI where almost everything is going the wrong way work situation, housing market and weather its been raining for almost 2 days now :), for fellow members there is another hassle of worrying about your immigration status.

Things are bleak no doubt about that but we can make a difference no I am not trying to act or sound like The President of United States here, just trying to make a point. Hey given the present situation we can either lie down and take what the government has in store for us (which is erratic movements of PD�s through the visa bulletin which are most probably by the shots taken by the DOL just before the release of the visa bulletin) or take up the fight and try to make our voice heard.

Hence to restart the chapter I would like to see if any of you are interested in a face to face meet to exchange stories and to brainstorm ideas to tackle the situation that we face currently.

Ideas and suggestions welcome, lets make the change that we were promised last year.

amit

HV000

11-09 09:43 PM

Anyone?

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