gc_lover
06-20 12:24 PM
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
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supers789
07-15 12:12 AM
When PERM was applied.
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
diptam
07-27 10:12 AM
Vikram Man,
You are awesome - Thanks for your help..
Diptam
You are awesome - Thanks for your help..
Diptam
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sands_14
06-12 11:55 AM
i tried infopass last yr,it didnt help;they said uscis will take it when its up for approval.current pd doesnt matter;it matters only if its approved and waiting for visa number
more...
chanduv23
09-15 09:47 PM
Nothing will happen to you if your employer sees you on TV
EVERYONE TO DC
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pappu
07-31 02:27 PM
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
more...
reddy77
04-12 02:20 PM
Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....
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raamskl
07-12 09:35 AM
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
more...
wandmaker
10-23 01:05 PM
Hi,
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
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TeddyKoochu
01-24 10:04 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
more...
bikram_das_in
09-08 11:35 AM
Could be collect call. I would not trust this.
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angelfire76
06-10 06:58 PM
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
more...
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GoGreen
07-18 10:32 AM
If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?
Thanks,
Rajeev
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
Thanks,
Rajeev
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
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harsh
07-08 11:07 PM
Gave it 5 stars. Good job. Hope CNN picks your video.
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karanp25
06-16 05:33 PM
Start off your infopass with the following question.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
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pradeep_s
12-21 02:11 PM
Janilsal,
I have a PhD, almost 4 years research experience. About 10 scientific publications.
hi miguy.........
Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.
pradeep
I have a PhD, almost 4 years research experience. About 10 scientific publications.
hi miguy.........
Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.
pradeep
more...
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GC_1000Watt
07-28 05:42 PM
So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
I was in same situation last year and as suggested by a very good lawyer, instead of filing MTR, me and my company re-applied under premium processing. I got the extension with I-94 within 10 days after I re-applied.
MTR is time cosuming and all the time you will be worried about it. Also if MTR gets denied for any reason then you are putting yourself in big trouble.
I would suggest you to reapply with solid paperwork under premium processing. Don't forget to ask your lawyer to include a cover letter telling USCIS about the earlier denial and why they should reconsider the case based on the attached documents.
That worked for me like a dream and hope it works for you as well.
Good luck friend!
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
I was in same situation last year and as suggested by a very good lawyer, instead of filing MTR, me and my company re-applied under premium processing. I got the extension with I-94 within 10 days after I re-applied.
MTR is time cosuming and all the time you will be worried about it. Also if MTR gets denied for any reason then you are putting yourself in big trouble.
I would suggest you to reapply with solid paperwork under premium processing. Don't forget to ask your lawyer to include a cover letter telling USCIS about the earlier denial and why they should reconsider the case based on the attached documents.
That worked for me like a dream and hope it works for you as well.
Good luck friend!
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smisachu
11-08 12:06 PM
Hi Guys,
I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...
I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...
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GCBy3000
04-17 10:39 AM
yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.
You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).
You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).
franklin
07-20 08:43 PM
To my knowledge, neither paystubs, W2s nor tax returns are required for filing.
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
jliechty
May 18th, 2005, 03:58 PM
It's very simple, if you think about it... The first photo (showing dust) was taken at f/32, and the second, lacking dust, at f/2.8. A smaller aperture will not only result in a great DOF in front of the lens, but also behind it; hence, the dust will be blurred and mostly invisible at large apertures because it is slightly in front of the sensor (on the AA / IR blocking filter thing), but will pop out with tremendous clarity at small ones.
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