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  • saran4
    03-03 09:05 PM
    Hi all,
    consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
    why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

    what may be the reason? why they are concerned about the offshore salary?





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  • Eberth
    10-21 06:26 PM
    yeah!!
    how can i do the poofiness??





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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)





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  • GooblyWoobly
    08-08 04:23 PM
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.



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  • bodhi_tree
    12-15 12:07 PM
    he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.
    the only benefit of the old I140 is to port the Priority Date.

    Could you elaborate ? Did you mean I'll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?





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  • njboy
    07-26 11:18 AM
    last i heard, ins was planning to introduce a rule saying - if i140 is not filed within 45 days of labor approval, it was going to be voided. Many people opposed this idea..but at the same time, it had its benefits because, people file labor and then sell it many years later. this rule was meant to prevent these kind of shady substitutions.



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  • GCard_Dream
    04-23 02:50 PM
    Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?

    The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
    - Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.

    - Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.

    - Some say that it just takes too damn long (over a year) to be any meaningful.

    By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.

    To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
    Now a days it takes time. Almost 3 months.

    URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
    The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

    -Any person has the right to request access to federal agency records or information.
    -All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
    -There are nine exemptions to the FOIA that protect certain records from disclosure.





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  • rkumar18
    07-08 11:22 PM
    Even I feel very selfish to go ask for their help for a set of relatively well to do, when we know we don't pay taxes in "motherland" Most of us graduated on Goverment Money and not giving anything back.

    what an irony...asking our government to help us become permanent residents to another country!!



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  • prom2
    07-22 12:03 AM
    You are saying as if one has a choice.
    If you file before August 17 then you have to pay the old fee. If you apply after August 17....

    This is correct





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  • dilipb
    10-28 11:34 PM
    All u require is
    - take the EAD cards
    - take some ID like drivers license or passport
    - fill this form

    Thats it....

    http://www.ssa.gov/online/ss-5.pdf



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  • drirshad
    06-09 02:46 AM
    Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.

    Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.





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  • lostinbeta
    10-04 01:35 AM
    Read in my post in the first page of this thread. I changed the last stop so it would be easier to understand and do.

    I believe for my step to work you need to have the tool next to the marquee tool activated (the selection tool? I forget what it is called)



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  • Trinity79
    04-08 05:00 PM
    May 2011 Bulletin is out

    Employment- Based Category
    INDIA EB2 July 2006 (from May 2006)
    http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]


    I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.


    For those of you who received the letter from NVC are you EB2?





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  • WeShallOvercome
    07-23 06:03 PM
    Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

    I think that is their strategy,

    don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?



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  • villamonte6100
    08-10 05:20 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    When you get approved, does it mean that you have to go for an interview?





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  • David C
    July 28th, 2005, 04:39 AM
    Thanks,
    And I agree
    (both about the advantages of idea sharing, and that I think I might have darkened it a little too much past the 'ideal' point -
    though as you say it is hard to judge such things exactly, when all our monitor calibrations will differ...
    In a similar vein, mine looks a touch darker, and the greens a little flatter, viewed here in Explorer than when it was in Photoshop :confused: )



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  • a_yaja
    04-02 03:18 PM
    If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
    I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.

    Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?





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  • mdcowboy
    09-15 02:41 PM
    :)

    I know its too early..but 5 years or so when you become a Citizen, I may still be on H1-B, please exercise your right to vote and choose your constituents wisely to those who support Legal immigration!





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  • FinalGC
    07-21 11:40 AM
    Guys:

    I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.

    OLD Fees:
    I485- $325
    Biometric - $70
    I765 - $180
    I131 -$170
    TOTAL - $745
    NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.

    Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)


    Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.

    If anybody knows this answer, please attach link or direct to the USCIS page.

    Thanks





    retropain
    08-14 02:07 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.





    vdlrao
    01-21 02:16 PM
    Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

    Thanks.