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  • sanjay
    11-09 04:15 PM
    Any Idea when Tracker menu will work,
    I am trying since last few weeks but always get error message.

    Any idea how can I access Tracker?

    http://immigrationvoice.org/tracker/tracker.php?view=1

    On the home page, just below ACTION ALERT on the right side there is this phrase : When will I get my Greencard?

    Click on it and you will get the tracker.

    Hope this helps.





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  • desp_gc
    03-12 08:02 PM
    I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...





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  • TomPlate
    07-10 09:21 AM
    Big thanks to the entire group. We should not be happy unless we get our goals done.

    1. They should take the applications for July 2007.
    2. They should make PD July 2007 for the coming VB atleast. Because it was current in July 2007.
    3. They should increase the VISA numbers so that the back log is no more.
    4. They should not seperate husband and wife because of this idiotic immigration system. One having a green card and other partner not able to be with them. Because we INDIAN strongly believe in marriage and not like AMERICAN marrying more than 1 wife or husband.

    LOU DOBBS down down and 10 wife CNN down down.





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  • Ann Ruben
    08-05 01:53 PM
    1. The short answer is: Yes, you can most likely accept a one year intra-company transfer to India, and then transfer back to a position in the US with Company B without necessarily lengthening your GC process.

    2. BUT, in order to file for AOS based on the existing approved LC/I-140 (EB2 or EB3??), you would have to return to the US to work in the same position at the same location for which the underlying LC was approved.

    3. Alternatively, if your position in India meets the USCIS definition of managerial or executive, and you transfer back to the US to take on a position that also qualifies as managerial or executive, Compny B could file an EB1 I-140 on your behalf (maintaining the priority date of the prior I-140), thus substantially shortening or eliminating the quota wait.

    4. If you cannot qualify in the EB1 category, and Company B transfers you back to a new position or new location in the US. You can retain your original priority date, but the company will have to apply for a new PERM LC and then file a new I-140 for you.


    [NOTE: The above analysis assumes you (and your spouse, if any) were born in India and subject to the immigrant visa quota for India.]



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  • shekhar10c
    06-13 06:46 PM
    He is probably stucked in name check. If that clears he will get the visa.

    Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
    Reply soon!!!!!!





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  • newworld
    04-06 11:36 AM
    WASHINGTON - Senate Republicans and Democrats closed in on a last-minute compromise Thursday on legislation opening the way to legal status and eventual citizenship for many of the 11 million immigrants living in the United States illegally.

    Sen. John McCain, R-Ariz., said he had been assured President Bush supports the measure, and would publicly say so later in the day.

    As outlined, the measure would provide for enhanced border security, regulate the future flow of immigrants into the United States and offer legalized status to the millions of men, women and children in the country unlawfully.

    "We've had a huge breakthrough" overnight, said Majority Leader Bill Frist, R-Tenn.

    Not done deal yet
    Sen. Harry Reid of Nevada, the Democratic leader, agreed, but cautioned that the agreement had not yet been sealed.

    Even so, the presence of both leaders at a celebratory news conference underlined the expectation that the Senate could pass the most sweeping immigration bill in two decades, and act before leaving on a long vacation at the end of the week.

    The developments marked a turnaround from Wednesday, when it appeared negotiations had faltered. The key sticking point involved the 11 million illegal immigrants in the country, and the struggle to provide them an opportunity to gain legal status without exposing lawmakers to the political charge that they were advocating amnesty for lawbreakers.

    While final details were not available, in general, the compromise would require illegal immigrants who have been in the United States between two years and five years to return to their home country briefly, then re-enter as temporary workers. They could then begin a process of seeking citizenship.

    Illegal immigrants here longer than five years would not be required to return home; those in the country less than two years would be required to leave without assurances of returning, and take their place in line with others seeking entry papers.



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  • upuaut8
    05-23 12:41 AM
    have you clicked on the "animate" toggle button on the right hand side of the toolbar? If not you can't set any animations.





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  • dshahpatel
    03-11 01:17 PM
    I would like to get your opinion on current situation.

    Education: MS(Ind Engg), 5+ yrs exp.

    I have priority date of Oct -2007(applied for labor under EB3). Got approved I-140 in Feb 2008( EB3 category). I got promoted to next level so requested to apply for labor once again in EB2 category in Feb 2009 and got approved labor in Feb 2010.

    Is there a provision to amend labor and include previously approved I-140? Or Do I have to apply I-140 once again? and my priority date would be Feb 2009?

    Dhiren



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  • hiaray
    09-30 12:43 PM
    Hi pkrg21,

    So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?

    I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.

    Thanks,
    ~ray





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  • neeidd
    12-04 12:22 PM
    Dude

    your regular employment letter that you get from HR should work. There is no special format for POE.
    Thanks Dude :)



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  • dealsnet
    07-30 11:57 AM
    You want him to work with GC or just want to keep him working. ?
    Eventhough the GC application is denied for EB1, you can process EB2 or keep him O-1 or H1B. For EB1, there will be strict rules by USCIS. If your company didn't meet the criteria for it, forget about it. Do it in EB2.


    We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

    We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

    This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

    Thanks for your help.





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  • Motivated
    11-12 03:23 PM
    Sir/Madam,

    I was able to file for 485 during the summer of 07, have an EAD but never used. I got married later, and my spouse is currently on H4. I have to maintain the H1 to support the H4. I have a very good opportunity to move up in my job - Is there a way use my EAD and still support legal stay of my spouse?

    Appreciate a response.
    Thank you.



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  • quizzer
    08-29 07:14 PM
    Last week i received the letter about my RFE for my I140 which they received on Feb 8, 2007. I'm a EB3 category from Bangladesh.

    USCIS requested for the tax information of the company
    My W2 for last year and
    My Pay Stub....


    Is there anything else extra i have the provide. do i have to worry about anything towards my approval or this is just a regular process to go through.

    Was it from texas or nebraska?





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  • krishna_brc
    03-19 05:00 PM
    My labor was filed with job title from the employer as IT Lead (O*Net Code - 11-3021.00, O*Net title - Computer and Information Systems Managers). I am having an opportunity to convert to full-time on EAD (I-140 approved, EAD received 18months back). The new job title is Software Engineer(possible O*Net codes - 15-1032.00/15-1021.00/15-1031.00, possible O*Net title - Computer Software Engineer/Computer Programmer). Is it possible to file AC21 in this scenario. The salary and the job descriptions for both the Labor filing and the new opportunity are similar. I am worried if the title might cause a problem. I have to make a decision very soon. Please help.

    as far i have learnt from the discussions in forms "Title" should not be a problem.
    But the O*Net Code should be the same.

    Meaning new job should fall under the same job code.

    Thanks,
    Krishna



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  • Blog Feeds
    10-13 09:00 AM
    The U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification, issued a Frequently Asked Questions on Permanent Labor Certifications, titled Round 12.

    In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.

    The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.

    Therefore, an authorized employee�s name and contact information must be listed in Section D of the employer�s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer�s name listed in Section C of the ETA Form 9089 or provide a generic title such as �HR Manager.�

    Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person�s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.





    More... (http://www.visalawyerblog.com/2010/10/perm_labor_certification_who_m.html)





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  • laksmi
    12-04 04:08 PM
    make sure your salary not below xx,xxx/yr defined, it is always good to be more or equal then existing xx,xxx/yr



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  • royus77
    07-11 09:30 PM
    I am new to this forum. Just registered myself. I hv a question if u guys can help. I got an RFE for I485 for employment verification. Lawyer says he sent the employer verification letter with his signature instead of employers bec employer has given him authorization to do so. can anyone do like this. does this pose a problem for my I485 approval. Please help.

    Your attorney is more knowledgeble than most of the members here . Keep him if you have confidence else change him .





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  • pranju
    08-15 08:16 PM
    nothing yet





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  • gcowboy09
    06-15 03:37 PM
    My 6 years on H1b expires on Nov 2010. I have 140 approved from company A.

    1.What's the earliest I can apply for 3 year H1b extension based on my 140 approval?

    2. If I switch to company B right now and get company B to file for labor using my approved labor's priority date, are there any time restrictions for filing H1b extension?

    3. Suppose I get a 3 yr H1b extension from company A, can i switch to different company after that using that H1b visa?

    Any feedback is welcome. Thanks.





    tnite
    11-07 11:45 AM
    Gurus,
    I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?

    Is it possible, please advice.

    Thanks

    There is no official documentation for to do's and to not do's without AP.
    But folks have gone to India without the AP and then got it fedexed while In India and used it to get back to US.
    My brother in law did the same. I am not aware of the potential issues he might face in the future but will post so when something happens.

    use it at your own discretion.





    martinvisalaw
    06-09 01:05 PM
    You need to file a COS from H-4 to H-1B. You cannot work until the H-1B is approved, because you are not in H-1B status now and therefore cannot use H-1B portability rules. You will not be subject to the cap since you have held H-1B status withing the past 6 years, and presumably not used a full 6 years.

    Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.

    By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.



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