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  • dealsnet
    01-13 02:12 PM
    You can amend the same petition. Tell your company to contact a lawyer to do that. They need to pay $200 fee and lawyer fee. May be needed new LCA for latest salary requirement. With the amended approval, you can stamp for the visa.
    You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.

    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex





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  • rahul2699
    05-13 08:35 AM
    Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..





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  • pappu
    06-06 11:10 AM
    Good points.

    Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
    yes this can be a newsworthy story from an emotional perspective and views from prominent behaviour scientist to reaffirm our sentiments.





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  • dwhuser
    06-15 01:02 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
    Our question....Is it sensible to travel on AP him being unemployed?



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  • Saralayar
    01-20 01:53 PM
    Looks Good.. Good job Admin.





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  • narendra_modi
    03-04 03:45 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra



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  • diptam
    07-05 08:56 PM
    I do NOT understand about AILA's lawsuit if the packages don't come back.

    But as long as you can reproduce the Originals you should be able to file
    485 again if your PD becomes CURRENT - Why Not ??

    Is there any law which says that unless you get back 485 rejected you can't
    file again. I dont think so.





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  • HRPRO
    02-09 03:15 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Roseball,

    I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

    HRPRO



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  • rkm
    08-10 04:30 PM
    Count Me Also, Please Include PD,RD and ND.

    PD Mar 2006
    RD 07/02/07
    ND 08/31/07.
    Poll result = 1 pending

    Sorry - dark humor:D





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  • mr_rajeevsaxena
    08-16 07:43 PM
    Hello,

    Just Curious if anyone got receipt notice for any I485 application with the following:

    USCIS Receipt date: July 2nd
    Time: 11:34 am
    Signed by: B. GERKENSMEYER
    Carier: USPS Express Mail

    Thanks



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  • Blog Feeds
    08-08 09:30 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.




    More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)





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  • madhu345
    11-05 05:44 AM
    We will Lit 100 Candles by Diwali for sure



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  • deecha
    07-16 05:14 PM
    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....

    In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.





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  • GCNeophyte
    09-03 06:22 PM
    Thanks, yes our last names were different.
    I told the postman.
    Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.

    Does anyone know how long it would take for the USCIS to resend the card?

    When i filed for my EAD card, they returned my card and I had to open SR by calling 800 number. I received card after 1 - 2 months time frame. Again with USCIS each case is different so hope you get faster.



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  • DSLStart
    07-29 11:22 AM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

    My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.





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  • jthomas
    05-05 06:16 PM
    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers
    kris

    It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.

    I have a canadian PR so i took the risk of taking unemployment benifits.

    you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk

    Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.

    J Thomas



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  • Ramba
    05-21 06:09 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy





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  • a2k2
    12-21 11:52 AM
    You can read my experience in below link

    http://immigrationvoice.org/forum/forum74-medical-exams-and-related-issues/932849-i-485-interview.html

    To answer your questions, yes they interviewed me and my wife together. Attorney is not critical, our attorney did not accompany us - one reason id because he is in Atlanta whole I'm in NJ. Yes he can approve and stamp your passport right then if everything goes fine. Our PD was not current back then so he said he could not do it.

    But in our case even though he said our applications were through and should get our GC as soon as it becomes current I had to wait for 4 months to get GC after it became current and after contacting every possible office. But that was my luck :rolleyes:





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  • delhikadesi
    05-02 01:45 AM
    nothing personal against GCmuddu and other jumping for EB2.
    As said, USCIS should be the one stopping this porting of date within categories..

    Till the time keep jumping!!





    JA1HIND
    01-24 01:44 PM
    Yeh you guys are right, almost everyone is doing it. Don't know whats up with her.....

    If I was you, would give a second thought or have a plan B in place to switch to better attorney who at least knows some basic not like your current lawyer....(ask your lawyer to take some crash course & refresh her memory!!!)

    not to scare you but a friendly advise you many want to re-think about this attorney who filed your 140/485 and don't know what type of damage she must have already done with your application and having good attorney will at least helpful if something goes wrong (for god's NOTHING wrong should happen to you or anyone in this whole GC process). this GC journey it self is a toucher!!





    srgadi
    06-30 02:12 AM
    Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?



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