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  • polapragada
    09-04 12:41 AM
    i see perm approvals with PD of may 16th...(chicago)
    my Pd is may 2nd..how did they miss my case?????

    is there anyway i can check my labor status??? :confused:

    Checking Status of PERM can be done your Employer or Lawyer
    In DOL web site with the C-08xxx-xxxxx Number

    Employee can't check the status directly




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  • chanduv23
    06-12 10:30 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.

    Why before October?




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  • drirshad
    04-18 11:18 PM
    http://hammondlawgroup.blogspot.com/

    Friday, April 13, 2007

    Bills Introduced

    There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.

    The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.

    The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.

    Both bills shortly should be available on THOMAS.

    UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.




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  • sparky_jones
    02-03 02:44 PM
    Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

    It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

    I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

    Just my 2 cents,
    I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.



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  • wandmaker
    02-18 07:01 PM
    Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.

    Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)

    _______________________
    Not a legal advice.
    US citizen of Indian origin

    Kudos to desi3933!

    rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.




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  • mpadapa
    03-24 01:31 PM
    Excellent Job, Mark.
    U'r response was crisp. Thanks to caller Andy for clarifying few things



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  • Berkeleybee
    04-07 11:50 PM
    We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.

    Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.

    And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)




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  • admin
    04-02 03:08 PM
    Rajatish,

    Please take a look at our National Interest Fact Sheet.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36



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  • go_guy123
    09-14 03:34 PM
    Obviously this is illegal you should report to DOL ...read the posting in this forum it has been
    discussed at lenth. WH-4 cmplaint letter etc.




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  • AgentM
    06-03 06:20 PM
    I don't have the I-140 application ? is it still a problem if I switch companies?



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  • texcan
    08-22 03:00 PM
    " Rally in each state" is a fantastic idea. Lets do it.
    But lets concentrate on one location in Texas and for that matter in
    every state to pack more punch.

    I think everyone can drive to one common location in texas.
    Since Austin is capital, i propose rally in Austin for Texas.


    Let do it.




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  • wandmaker
    02-25 06:15 PM
    I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCAbecause of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

    My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

    what are the options for me?

    can I apply for a H1b transfer?

    please help

    You need to provide more details on bold words from your post. If you really need pointers from IV members.



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  • ChainReaction
    02-21 12:15 PM
    https://egov.immigration.gov/cris/jsps/ptimes.jsp

    that is for last month updated jan 17,2007 not for feb?




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  • venky80
    06-15 11:33 PM
    Well they advise me to go for EB3 wouldn't EB3 have the same issue?
    because my bachelors is also in mechanical engineering



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  • md2003
    08-15 09:19 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).




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  • jhaalaa
    04-05 09:17 PM
    I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
    >> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    Can someone please answer my questions?

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
    >> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).

    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    >> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
    >> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
    >> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.

    Hope the above helps.

    Best Wishes for all.



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  • ksircar
    06-11 11:55 AM
    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don’t be ignorant and its your right to ask the question don’t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
    :mad:

    You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.




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  • JazzByTheBay
    10-27 12:52 AM
    It's a well-know fact that Senator Kennedy only empathizes with "undocumented workers", and feels they deserve to be given "a path to citizenship" (amnesty by any other name is still amnesty... ) - understandably so given the demographics and numbers.

    jazz

    I got this as a real paper letter. The signature is a picture, of course, not real.
    No surprise here. We are not even a part of immigration reform for him.:mad:
    So in this standard reply "about immigration reform" we are not even mentioned.

    EDWARD M. KENNEDY
    MASSACHUSETTS
    Uinited States
    WASHINGTON, DC 20510-2101
    October 9, 2007


    Dear Mr. :
    Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
    Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
    Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
    Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
    Again, thank you for writing to me about this important issue.
    Sincerely,

    Edward M. Kennedy




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  • CADude
    11-08 01:05 PM
    NO,
    Family based has 1.3 Million pending applications.
    AOS has only 655K. So be happy. :D

    It appears that this 655K includes family based I485 cases too who are in a different queue.




    rbachu21
    02-03 12:04 AM
    Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?




    HumHongeKamiyab
    11-15 12:46 PM
    You dont have to go for stamping. While crossing the border tell the US officer that you are going to use "Automatic Visa revalidation", and hence dont want to submit your I 94. When you come back to USA just have your I 797 (Notice of approval) ready. I have been to canada in feb this year and came back with the expired visa on my passport.

    You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..



    I got canadian greencard and running out of time to land there before my medical examination expires.

    On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.

    Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.

    Please share your experiences and suggest me the safe thing to do.



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