MerciesOfInjustices
03-08 09:35 PM
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
There is no posted transcript yet on the Website - how did it go?
There is no posted transcript yet on the Website - how did it go?
HRPRO
04-26 11:03 AM
You definitely need an attorney's representation. Dont waste time mulling over it as more time you waste, bigger the problem.
st4rguitar
04-06 01:46 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
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pointlesswait
04-28 01:10 PM
my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
more...
never_giveup
11-05 02:20 PM
They might not necessarily ask you, but its always safe to have the below documents.
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
weddell
09-05 11:49 AM
Depending on where you were located in the US, it might be a good idea to enter the country coming from a neighboring country (Canada, Mexico) with your green card in hand.
In any case dont travel with too many luggages ...
Let us know how it went.
Good luck !
In any case dont travel with too many luggages ...
Let us know how it went.
Good luck !
more...
StuckInTheMuck
03-09 09:50 AM
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
desi3933
02-23 03:20 PM
.....
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
........
No.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Refer to my previous post on this thread.
_________________
Not a legal advice
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
........
No.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Refer to my previous post on this thread.
_________________
Not a legal advice
more...
desi3933
06-13 08:22 AM
PD is always LC filing date.
Incorrect. It is not always.
In most cases, LC filing date is the Priority Date.
A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.
He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
Incorrect.
There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.
There might be a little risk if the old one he got was a substituted one.
.
Incorrect. It is not always.
In most cases, LC filing date is the Priority Date.
A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.
He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
Incorrect.
There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.
There might be a little risk if the old one he got was a substituted one.
.
PD_Dec2002
06-29 11:34 AM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
What is mandatory is that you have to provide YOUR address to get the GC. Your friend's address is not YOUR address. If you move after 6 months invoking AC21 or just buy a house down the street, you would need to notify USCIS about YOUR new address so they will send the GC to the new address.
Thanks,
Jayant
What is mandatory is that you have to provide YOUR address to get the GC. Your friend's address is not YOUR address. If you move after 6 months invoking AC21 or just buy a house down the street, you would need to notify USCIS about YOUR new address so they will send the GC to the new address.
Thanks,
Jayant
more...
summitpointe
01-28 11:01 AM
Congrats
akred
02-12 11:46 AM
Nebraska took 7 months for my case almost to the day. Jun 06 - Jan 07.
more...
drirshad
05-05 02:23 AM
USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
cchaitu
11-06 04:19 PM
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
more...
go_guy123
02-02 08:19 PM
You also have to apply for Photo GC which will only be mailed in Canada and someone have to fed ex it to U in US else you will have problem getting back to Canada in future.
It might be better to post in the canada immigration newgroup in british
expats.
Its interesting to see how times have changed in the last 10 years.
US green card newsgroup is talking about canada immigration issues.
It might be better to post in the canada immigration newgroup in british
expats.
Its interesting to see how times have changed in the last 10 years.
US green card newsgroup is talking about canada immigration issues.
snathan
05-17 10:52 PM
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
Your question is not clear. "her green card expires on the 21st of august"
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
Your question is not clear. "her green card expires on the 21st of august"
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
more...
morchu
05-06 01:05 PM
Correct. The question is always about "similar" job and duties. And too much variation in wage is a hint towards that.
Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).
Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).
sunny1000
05-04 01:41 AM
Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
lonedesi
05-21 01:43 PM
I don't want to discourage you, but IV has looked into all these options earlier and has realized that it would be fruitless to try and ask our lazy politicians to take up our case with the US govt. More over this is an internal matter of US govt and Indian government cannot influence their policies and laws. Why would you expect Indian govt. to fight for you, when you left the Indian shores and want to settle down in US for your comfort?
Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.
Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.
EndlessWait
08-03 04:23 PM
i would also like to know..i think its doable but one has to withdraw the old 485 and can file the new only if the PD is current.
hibworker
03-21 11:29 AM
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?
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
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?
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
