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  • saps
    01-09 12:18 PM
    Thanks for everyone's help. I would give you a green but I don't know how to...If you could tell me ..





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  • ilwaiting
    04-12 08:45 AM
    1st - Apply your PERM labor ASAP. If you are luckly and labor comes thru quickly before Dec'07 you could apply for 140 in Premium processing and once 140 is approved you would be eligible for 3yrs H1b extension irrespective when your labor was filed

    2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.

    Contact a good attroney.

    Hi,

    I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!

    I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.

    Thanks!
    Keith





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  • raviram1980
    01-15 12:19 PM
    Thanks again for your quick reply. My AP was approved on 21st nov and I left for India on 26th Nov. Any idea if this can be considered enough time ?





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  • pappu
    12-10 10:45 PM
    Check the archives. I recall a long thread on this topic.



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  • vparam
    05-31 05:03 PM
    PD - august 2002
    140 AP - august 2005

    485/EA/AP - sent it out today





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  • rajpatelemail
    01-15 06:40 AM
    Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application

    From immigratgion-law.com Mathew Oh Blog link--->>>

    01/15/2009: Changing Environment of PERM Labor Certification Applications

    I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
    Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
    Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers



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  • dorairajsuresh
    04-16 03:09 PM
    i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.





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  • WeldonSprings
    05-18 06:51 PM
    This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

    There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

    This lawsuit is to bring justice to the last three years of absolute anarchy.

    This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

    I think Indian EB3 will join shortly.

    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.



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  • wanaparthy
    03-25 01:32 PM
    -





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  • hsd31
    03-20 10:18 PM
    Thanks for the replies... I will appreciate some more advise from other members on this situation.



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  • glus
    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris
    Kris,
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

    Regards,





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  • istrategist
    03-19 10:54 PM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.



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  • martinvisalaw
    07-06 09:51 AM
    See answers below, IN CAPS.

    I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
    Here is my current status :
    6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :

    1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?

    NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.

    2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?

    IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.

    3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?

    NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.

    Thanks.





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  • amsgc
    02-07 09:14 PM
    AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.

    US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.



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  • kondur_007
    08-17 11:31 AM
    It's a flip of a coin:

    1. Some VO cancel your all previous visas when stamping new one. If that happens, of course you can not use any of the previous visas.

    2. Some VO are "lazy" to so; if they leave your B1 as it is (and do not cancel it), you can use it in future.

    You can not "ask" them to leave your B1 alone (as legally they are required to cancel them). If you raise the questions during stamping, chances are that they "will cancel" it. So best option: Go for stamping and see what happens!

    good luck.





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  • RDB
    12-21 10:32 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh



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  • maine_gc
    09-20 04:11 PM
    I checked the processing times of TSC and i did not see the times for I140. TSC no longer processing 140 applications?





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  • mwin
    12-05 04:03 PM
    One of my friends with his April, 2004, EB3 PD got his 485 approved.
    No wonder they usedup 30% of Visas.





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  • sriramkalyan
    02-25 10:06 AM
    GOOGLE - MVA

    go get info there !





    glus
    07-05 08:26 PM
    I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...

    a) Need to record each application that they have received
    b) Need to make sure that there are no concurrent I-140 filings
    c) Need to differentiate the packages received in June and July
    d) Etc
    e) Etc

    What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?

    What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....

    What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?

    Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?

    At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.





    newyorker123
    09-28 03:21 PM
    How long did it take for you after filing the FOIA to get the concerned documents ?


    Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.

    But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).



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