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  • dealsnet
    11-25 04:05 PM
    What is your qualification?
    Masters or Bachelor with 5 years of experience?
    It may be safer to apply EB3 than EB2, if you don't have a strong case.

    Hi All,

    I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.

    My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are

    1. Should I re-appeal?
    2. Do Labors get approved in re-appeal?
    3. Can I start a new Labor application with the same employer simultaneously?
    4. What�s a safe category to apply at this point in time. EB2 or EB3?


    Thanks




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  • Prashanthi
    04-09 12:14 PM
    As i said would be better to convert this case to PP. You have only pending status, in order to file for a transfer you need to show that you are presently on a H-1. I am not sure if the bridge situation will work in this instance.




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  • pappu
    06-04 10:32 PM
    Could you please search archives. In the past I had written about these issues and members had discussed this issue.




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  • vivek_k
    08-13 01:24 PM
    a2p is ability to pay
    Thanks Ravise! Is that a question about the ability of the employer's ability to pay?



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  • sammyb
    04-15 05:20 PM
    What was your own LC PD? Nothing personal just out of curiosity...


    LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.

    I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.

    Best of luck you all.

    Had 1 Soft LUD on Jan 31 on 485 application.

    USCIS is doing a great job thank to IV to make these possible.




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  • go_guy123
    03-04 01:57 AM
    To all the physician members of this forum....

    Conrad 30 program is up for extension on march 6.
    According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....

    If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
    Hope it passes....any thoughts anyone?

    Yes Conrad 30 will be extended. Whenever there is lobby behind something it will get passed. There are lot of congressmen from rural America where doctors don't like to serve. So Conrad 30 helps to get doctors there.

    Conrad 30 issues is same like the Amtrak issue. Every year Amtrak runs a loss and congress huff and puff abut it but eventually pass the Amtrak budget payment.
    Because Amtrak threatens to stop the unprofitable routes (typical rural areas)
    and a lot of Congressmen panic and pass that.


    Whether "physicians exempt from employment based category " that is a different case because there is very little incentive to get that done. Once doctors get green card they can leave the under served areas.



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  • LookingForGC
    06-29 10:42 PM
    Thank You! It helps.




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  • desi3933
    04-02 07:43 AM
    ....
    without making the current company pay more to make up the #s
    (they are not willing to do so)

    .......

    H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.

    http://www.dol.gov/whd/forms/wh-4.pdf


    __________________
    Not a legal advice.



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  • rcauvery
    07-23 12:58 PM
    Have you received finger print requests?

    Is your PD current?

    Is the Service Center processing I 485 applications around the RD of your 485 application

    If the answer to all of the above is YES, then I was in the same boat and this is what I did

    1. Visited the local Infopass office and requested the finger printing review date and name check approval dates.

    2. Initiated an inquiry to find the cause for the delay. They take 45-60days to send a reply

    3. Contribute to IV and complete the action items requested by the core. This is the only organization who is lobbying for the legal immigrants.




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  • mdmd10
    08-28 12:33 PM
    hi !
    we have recently finished our finger printing ... can anyone tell me what will be the next step ..

    thanks

    sure...attend the Immigration Rally!!



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  • gc4vk
    12-13 02:48 PM
    Hello,
    My wife is currently working on H1B, she was offer permanent position at the client she is working, she has to get on to EAD to take permanent position.

    both my wife and myself got EAD's in Oct 07, my question is does she has to invoke AC21 to get on to EAD.

    I am the primary candidate for our GC Process.

    Thanks in Advance

    Pd: EB3, Aug 04
    I 140 : Jan 07
    485: Jul 07




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  • mk26
    03-23 02:24 PM
    I guess within 24hrs transit should be ok , problem may occur which is very unlikely when flight gets delayed during transint and you have to wait for more than 24 hrs in UK than you might have to take UK DATV or visitor visa.



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  • mrajatish
    06-25 06:46 PM
    does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.

    is it true guys ??

    Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?




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  • johnykah1
    01-18 07:18 PM
    My case is like this....

    Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.

    During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
    After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.

    Now my queries with different scenarios is as follow
    Q1)If I file WH4 against him for those bench
    period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?

    Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?

    Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?

    Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?

    Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.

    Appreciate if any attorney can help me in this situatation.....

    thanks......



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  • gc_lover
    06-22 10:04 AM
    Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?

    Thanks

    You mean photocopy right? If you have scanned copy then print it and send it to USCIS. I don't think they require it in original.




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  • Blog Feeds
    06-19 01:20 PM
    AILA Leadership Has Just Posted the Following:


    As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."

    Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.

    This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)



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  • maheshf
    03-21 03:43 PM
    Please let me know your thoughts. Does amendment means..i will have to wait anothr 180 days from amendment date? I assume it doesn't impact anything else




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  • LCSufferer
    04-16 01:31 PM
    Hi,

    Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).

    Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.

    Any ways Congratulations and BOTTMS UP :)

    Wish you a Happy New to you and your family too.

    Dev[/QUOTE]




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  • thakkarbhav
    02-07 12:24 PM
    First complete your profile so person who is viewing your case understands you better.

    You have enough time. Find new job and then new employer can process your Eb2 GC. I-140 can be done in 15 days with premium processing.




    rpatel
    10-18 11:34 AM
    I think fromnaija got it reversed. I think you can file form I-824 to change your request for adjustment of status (on I140) to consular processing. The processing time for this form is lengthy...and questions may arise why as to you left the country and if the job offer was still valid...epecially if you were working for the sponsoring empolyer at the time of original petiton.

    As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.

    Hope this helps.. Good luck




    ssdtm
    11-20 01:06 PM
    >>>>>>2 H1 is possible as long as the hours you propose are within justification.

    Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.

    >>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer

    The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.



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