Thứ Năm, 30 tháng 6, 2011

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  • beautifulMind
    01-04 02:12 AM
    I am involved myself in a mess regardning the Green Card labor process

    1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)

    2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.

    3) Just last week I got a denial letter from DOL stating the reason

    "The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"

    also the letter said

    The job requirements did not exactly match the earlier case and hence priority date cannot be maintained

    This denial also caused the automatic withdrawal of my earlier backlog case.

    4) The priority date was very impt to me since I applied in EB3 and from India.

    Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again

    I am very anxious please help!!




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  • bkarnik
    09-24 08:38 PM
    Just got 3 transfer notices from CSC saying applcations transfered to NSC. Applcations reached July23rd at NSC. 140 approved from TSC.
    Anybody in similar situation....

    Please see my posts in the separate thread you have already started for the same questions.




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  • enggr
    10-06 03:06 PM
    Readers,

    My I-797 expires on Dec 20th 2008
    My 6 year term of H1b is between 2004 Oct till 2010 Sep
    My previously filed PERM & I-140 are under the verge of rejection due to a pending RFE.

    I am planning to file another PERM. Even though I'm trying to do it ASAP, I'm wondering whether I have an advantage on filing new PERM before Dec 20th 2007.

    While applying for H1B extension in Dec 2008, If I have an approved labor/pending I-140 I thought I could request for 3 year extension. If I don't have labor/I-140 pending I can only request for 20 months extension (as my 6 year H1B term ends on Sep 2010)

    I read from a site that...

    "One in H1B/H-4 status can extend to the end of the 6-year limit, and then take advantage of the provisions allowing extensions beyond the 6-year limitation, if the labor certification or I-140 was filed at least a year earlier."

    When I asked this question to my attorney he said

    You can file for an H-l B visa extension up to 6 years. You can only file for an extension past the 6th year if your labor certification and/or I-l40 was pending for more the 365 days prior to the 6th year on your H-lB Visa status. If not and your labor certification is approved and the I-l40 is pending then you can only request an extension in one (l) year increments only until a final decision is made.

    So does this mean I can only request for a 12 month extension if labor/I-140 is pending on Nov 2008?

    Readers, Please provide me your guidance....
    Thanks in advance




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  • perlgal
    06-16 02:02 PM
    Hi,

    I want to apply for Green Card in EB2 Category through my employee. But I already have a green card in process via my spouse's employee in EB3 Category.

    1. So will I be able to get the priority date of the green card process which is in EB3 Category?
    2. Can I add my spouse in my EB2 visa process?
    3. What are risks involved, if any?

    Many Thanks



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  • danctbi
    08-18 12:52 PM
    hi,
    Any attorneys or experts please advice.

    I want to have my I - 140 premium processed, I was looking at the following link.

    http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf

    It has mentioned that

    Copies of all Forms I-94, Arrival/Departure Record and I-797 H-1B or L approval notices that have been issued on his or her behalf;

    Is it true? I have visited india almost 7 times from last 8 years including my F-1 status. With little knowledge I have during that time, I never made a copy or kept a copy of my all I - 94s.

    So the question is how big of an impact it will be if I do not have all my I - 94s. And also where can I get copies of my I - 94s if I want.

    Thanks for your response.




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  • devan
    11-13 05:14 PM
    My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?

    PD: MAY-2002 - EB3


    Regards
    Devan



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  • bombay
    02-06 01:22 AM
    Answer to your third question :- You can claim moving allowance when you file your tax return




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  • ashkam
    08-01 10:45 AM
    Is A# same as the A# on the Beneficiary field on I-140 approval notice?

    Yes.



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  • orshoe
    03-19 05:28 PM
    I was hoping that it would fall into the "related occupations" category.
    http://online.onetcenter.org/link/summary/11-3021.00#RelatedOccupations




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  • gcwanted101
    09-29 01:34 PM
    What is the H1 premium processing fee and what is the regular processing fee ?
    Could any one help on this? I heard that increase in the fee is not in action yet?



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  • h1bseeker
    09-28 11:12 AM
    http://www.uscis.gov/files/pressrelease/PremProcI140_072407.pdf




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  • rbharol
    09-07 09:57 PM
    There is a program on Immigration policy on CSPAN2 tonight at 12:40 Eastern



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  • pvpb
    10-11 04:48 PM
    Hi GUys,
    My application reached NSc on August 3rd ..signed by Bbesch...
    Did nto hear anything back from them..please update if you are in the same boat




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  • jsb
    10-26 12:24 PM
    How do you know that your case has been transferred from NSC to TSC.

    Receipt has address of issuing office at the bottom of it. I also had nothing showing up in the system until yesterday, but today, our EAD's are in the system, but not I-485 or I-131. Perhaps EAD is considered a priority.



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  • sparky63
    February 14th, 2005, 07:22 PM
    Freddy, these shots look like something from the set of a horror movie. Hard to imagine they're real. Nice photos, in a somewhat disturbing way.

    485 Rejection [Archive] - Immigration Voice

    View Full Version : 485 Rejection





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  • qtoask
    06-25 03:42 PM
    does this mean EB quota exhausted???

    see this thread... http://immigrationvoice.org/forum/showthread.php?t=5512



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  • reapit
    03-22 04:54 AM
    Hi,

    Can i transfer my H1 while in India? I have a stamped visa valid till June 2011 and am planning to change my employer

    Thanks,
    Bikash




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  • askreddy
    01-27 09:17 AM
    Hi

    I went to local office yesterday. She sent mail to service center about the change in the name to have full first name for my 485 and 131.She also asked me to send letter to service center before they approve my 131 application.

    Thanks




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  • H1Girl
    12-30 02:34 PM
    Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...

    a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
    b) If Yes, will I get 1 Year or 3 Years?

    Thanks for your help...




    Dhundhun
    07-11 09:42 PM
    I sent a PM to you. Hope that is helpful.




    happynappin
    04-24 10:12 PM
    Hi, i'm gonna explain my situation.
    I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.

    The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.

    The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).

    Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
    Please comment and try to give me some ideas here.
    Thanks



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