Tuesday, June 14, 2011

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  • gcseeker2002
    09-16 02:57 PM
    Hi,

    I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
    There is no problem with travelling on AP. For me, you should not even have second thoughts on personal travel , just go, AP or H1 does not matter as long as you have some form of reentry with you.





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  • pachai_attai
    09-04 09:05 AM
    485 approved on August 31st. Approved 3 weeks after I sent out the RFE.





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  • glus
    04-17 07:57 AM
    Hi

    I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.

    I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.

    my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.

    I will appreciate advise from any one who has gone through this similar situation.

    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.





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  • ilanbenatar
    04-25 07:21 PM
    Thanks Domino,

    I'll do my best and cross finguers.

    Good luck to you!



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  • syedajmal
    10-25 01:04 PM
    From the above posts you can defintely use the priority date once I-140 is approved and move on.

    My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

    Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

    Thanks in advance for your comments.:)





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  • breddy2000
    12-16 12:22 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    It quiet common that each office follows different rules.

    No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.



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  • masti_Gai
    10-27 08:20 AM
    we need to take all the originals if we have to attend a visa stampin interview.
    but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
    Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.





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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    *******
    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

    ***

    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    ****

    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.



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  • nyte_crawler
    03-06 02:08 PM
    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved





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  • Munna Bhai
    01-23 10:51 AM
    Let your new employer starts your GC, get PERM+I-140 cleared from your new employer untill then don't join them. Once I-140 is cleared, port your current PD to this new I-140 and join the new employer.

    GC is for future job, anyone in H4 can do it and even if you are not in this country, a company can sponsor you.

    Hope this helps.



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  • gc_lover
    06-08 08:04 AM
    On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.

    Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.





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  • gotgc?
    08-06 11:27 AM
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.

    What can we do about this? It is way outside the processing time. My lawyer submitted an inquiry to USCIS in Jan 07. In Feb 07, they came back and said it requires an additional review. No updates since then except an LUD update last week with 07/28/07. When I spoke to my lawyer, she said she can file another inquiry in august..because she says we have to wait for 6 months before we file another inquiry..

    Just curious, whether you are doing anything different to follow up on this case...?



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  • asdfred
    10-16 05:03 PM
    duties matter..but, if your title is so different..they cannot be..this can be an issue..especially managerial duties involve managing resources which is very different to a developer..talk to your attorney if he can make it happen..i would do whatever the attorney says.





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  • shreekhand
    07-04 10:47 PM
    Look at the May VB, it was current, obviously;)


    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?



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  • logiclife
    05-11 12:38 PM
    Listen to the program and the number they give would be the number to call. I tried to find the number but its not posted on npr.org website.

    Here are some general numbers though if you want to call and find out the Call-in number for participations.

    General Phone Numbers:
    NPR Staff Directory (202) 513-2000
    Listener Services (202) 513-3232
    Corporate Sponsorship (202) 513-2093
    NPR Foundation (202) 513-2073
    Main Fax (202) 513-3329

    Media Relations:
    Phone Number (202) 513-2300





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  • dealsnet
    11-05 10:49 AM
    Your I-485 filing without the dependants is unfortunate. This senario, you need to be in H1 all the time till your PD is current and they are eligible to apply for I-485. Means you can't work on EAD, it will cancel your H1. Always on H1, otherwisw dependents will be out of status. (BECAUSE THEY ARE NOT IN AOS- your case)


    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?



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  • mhtanim
    07-03 02:03 PM
    I am sorry for what you are going through.

    What the heck is going on with the USCIS? It's seems like we are seeing too many denials without any RFEs nowadays!





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  • intheyan
    10-17 08:46 PM
    We got our checks cashed. We submited at Nebraska service center on july 2nd by 9.01 am signed by R.micheals. We got our case transfered to Texas and got our checks chased on october 16 th. The receipt started with SRC and it had 13 digits but when I quired my status online it said receipt error. May be thier is some wait time to get updated into thier online case status check.





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  • hibworker
    01-04 02:26 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    Sure she can apply for COS to F1. I am not sure what impact denial in India will have, but its worth a shot. However, for OPT the student needs to be in F1 status for at least 1 academic year - so check with her school if she will meet the OPT requirement after switching back to F1





    apb
    09-14 08:52 PM
    Just got approval emails for both me and my spouse.

    Did you see any LUD prior to this email?





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