Monday, June 13, 2011

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  • cr52401
    03-21 08:57 AM
    I am in same situation and try to file next month. Can you tell me how long it took for you to get the second approval?

    I also sent you a PM as well.

    Thank you.



    You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]

    If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.

    - gs




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  • vicky007
    10-03 06:49 PM
    We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

    Isn't it done before LC filing?

    Guru's please answer this query:

    I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.




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  • kumarc123
    01-16 03:13 PM
    please Call !



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  • chanduv23
    07-08 11:22 AM
    friends,

    We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

    Thanks for your help.
    balan
    I485 Filed on July 2, 2007.

    Though it is not of my concern - I see that you want to file a divorce with your current spouse and then remarry another person - while I don't know your personal specific situation - I would suggest that you must try and work it out with your current spouse

    I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.

    Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.



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  • greensignal
    08-22 11:06 AM
    You applied at the right service center TSC. I also live in NC and applied on July 25th at TSC and got the Receipt notices.

    Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.

    So dont worry.. But you may call TSC Service center for any status




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  • sanjeev.mehra@gmail.com
    08-15 11:28 AM
    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?


    If to be on safe side, I should join company Y at some point;
    then what is that state - GC is approved (Once GC is in hand)
    or even before that.

    Regards,
    Sanjeev.



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  • hsm2007
    09-20 07:28 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.




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  • hkusumadi
    03-27 12:00 PM
    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.



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  • kmk2002
    10-09 06:31 PM
    is SOC_CODE 999.151-051 (from case data at FLCCenterdata.com) is same as 15-1051.00 mentioned above?




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  • JSimmivoice
    01-23 12:28 AM
    Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

    Meanwhile anyone with any other opinion is welcome here. Thks all



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  • misha
    07-21 02:18 PM
    Misha,

    Even I did not receive my AP ,which I applied last year july 2007.
    Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

    she made us wait for almost 2 1/2 hours.
    Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

    She gave our AP for me and my wife right away.

    So I advice you to take Info pass and check.Ap what I received was in paper.

    Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.




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  • eilsoe
    10-22 04:24 PM
    *wrooommm!!*

    :P:P:P:P:P

    *post*post*post*post*post*post*post*post*post*post *

    Huh? Who goes there?



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  • pbuckeye
    08-04 08:16 AM
    While the thread was started on a light note, I think this is a serious topic.
    .
    .
    .

    And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.

    Completely agree with your message that - prefer unprocessed food and do everything in moderation.

    However, are you suggesting blue label is healthier than a cheaper whiskey, its funny.

    And - although I agree that some traditional breakfast items could be low on fats/calories .. some of them are not (aalu paratha, pakoda etc), so cereal/oatmeal or egg white is an alternative.




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  • jsb
    03-27 09:31 AM
    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?

    I agree and share your views on how someone should treat a guest, etc. But I just stated facts.

    Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).



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  • ash0210
    11-21 07:06 PM
    gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.




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  • willigetagc
    09-07 11:16 AM
    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

    MC: I am ready to give right away.

    IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

    MC: Is there any other alternate solution for this �? If so please advice.

    IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

    MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

    IO: Sure�Make sure you submit with in 45 days. Thank you.

    MC: Can I ask one question�?

    IO: Sure�.

    MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

    IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

    MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

    IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

    MCL: Oh that�s great�

    IO: Yes it is�

    MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

    IO: That�s good�You are all set to go now. Thank you.

    Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

    -Sree


    Hi Sree, which country immigration are you talking about ? :o
    :D



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  • ikass
    05-29 08:35 AM
    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?




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  • dixie
    08-09 08:58 AM
    NoBody will get greencard .it is a scam.
    that seems a more realistic prediction :D




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  • HOPE_GC_SOON
    05-04 10:49 AM
    Hi Immi2006:

    thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.

    Let us hope for the best.. :rolleyes:

    Thanks,:)



    THose are labour filed.

    It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

    One thing that emerges clear from the data pattern :

    Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
    140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.




    tuhin
    07-17 11:04 PM
    Thanks again folks... I will get in touch with a lawyer and let y'all know what I learn.




    desi3933
    03-27 04:07 PM
    .....
    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.


    As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
    ....

    Incorrect!

    Read this
    www.uscis.gov/files/article/C1eng.pdf

    Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"



    _________________
    Not a legal advice.



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