Saturday, July 2, 2011

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  • rpatel
    09-18 09:40 AM
    The story goes some thing like this....

    My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
    By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...

    Now my questions:

    1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?

    2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?

    Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou

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  • sundarpn
    01-19 12:27 PM
    from other posts, I have seen 10 working days wait times.

    Pl. keep your post updated for the benefit of others.

    Also contact your attoneys and ask them to find ways to check if your petition is present in PIMS. My attorney says there is no way he can. I also called DOS & KCC, they are not helping either.


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  • kirupa
    04-22 05:01 PM
    It looks really good :) Have you considered adding a monetary value for the stamp? If not, I'll add it up like this.

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  • Hello_Hello
    10-29 09:13 AM
    Your total withholding is $1400 or your difference with using 3 allowance or 6 allowance is $1400. Assuming you are talking about total. Your difference should be 300-400 a month. I am not justifying your companies attitude nor I am asking you to not take any action. But all I am telling you is it's not a big deal..personally I feel better when I get a chunk of money in Tax refund. But for that I have to wait one full year and deductions are $1400 more per month.


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  • mrajatish
    08-08 12:33 PM
    On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.

    I think this issue is equally important in solving retrogression.

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  • moonrah
    07-26 09:47 PM
    Hi Rosebell,

    Thanks for the reply. How to show that labor is pending for more than one year? How to get a proof for that? Can I get it from any website?



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  • manishgc
    09-13 11:57 AM
    My Indian passport is going to expire very soon and my visa has also expired.
    I have applied for extension for 3 years.

    Will I face any problems in getting new passport from Indian Embassy?
    Has anybody done that before?

    I am sorry if this is not right place to write about it...


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  • swamy
    06-08 11:09 PM
    i know what you're talking about - this obsession w/pre-adjudication is ridiculous!i for one support dismantling the current vb based 485 filing lottery system that utterly makes no sense whatsover! let people file 485 as and when 140 is approved and get rid of this cynical vb based filing -


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  • eb3_nepa
    03-06 02:52 PM
    FINALLY someone who understands EXACTLY what the problem is :)

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  • bbenhill
    02-05 04:40 PM
    I had that issue as well parents returned to US after 3 months and got a lot of questions. I don't think POE will deport your parents.


    My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....

    It's all depends on the officer & POE


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  • Biking
    06-08 04:45 PM
    I am July filer got 485 RFE
    seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
    - well this is going to cost me

    My question(s)
    i changed job(and company) do i need to send AC21 along with RFE response.
    and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
    if yes do i still need USCIS doctor to submit these medical records.

    First of all, how do you know that RFE is for that mistake?
    If you knew that your prev attorney made a mistake, you could have send a note to USCIS about this error at that time itself. Since you kept this quite, now you have to pay principal + interest.
    All the best.

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  • Since1997
    09-28 04:18 PM


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  • rajenk
    10-01 01:04 PM
    Ours got approved approved today 10/01/2010.


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  • voldemar
    04-18 10:34 PM
    Poll is asking only about filing. What about people who already filed 485 and then retrogressed?


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  • ronnie0479
    09-19 07:33 PM
    How about working on an EAD in a part-time job while working full-time on your h1 sponsored job? I assume the h1 will not become invalid in this case because EAD is being used for the part time job.

    Once you use your EAD , it mean you are forefitting your H1 , H1 is a status , u cant be in 2 status at the same time. Once the part time employer uses your EAD card to give you a job basically he has to submit that info to the INS and that will automatically invalidate your H1 status. This EAD which u received is for allowing you to work which the change of status from H1 to green card is taking place.


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  • theshiningsun
    06-18 07:15 PM
    thx aruben.


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  • ameryki
    07-05 11:37 PM

    My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:

    1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?

    let your HR know you are switching and they will have you fill in a new form for their files

    2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B it legitimate?


    3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?

    EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.


    Hope this info helps.

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  • askreddy
    06-25 11:57 PM
    You should receive letter from USCIS saying that your address is changed....


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  • loudobbs
    08-28 05:46 PM
    Thanks sgupta33!!


    The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.

    12-07 09:52 PM
    I went to Baltimore USCIS FP center.They ask ID at the counter only if you are getting your fingers printed, and this counter is actually tokens issuing counter inside, there was no security or anything at the entrance.I have seen several families with kids.I guess it is going to be the same in other locations.

    My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?

    09-29 09:53 AM
    Thank you very much for your prompt reply. That cleared a lot of confusion. If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?

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