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  • go_gc_way
    08-29 03:32 PM
    But how will get your final step completed ... which is consular processing.

    I was thinking you need your passlips (?) as proof of employment.

    Sorry if I am pulling this to the top of discussion forums, this is an interesting question, given there will be many people stuck with retrogression and not being able to apply 485.





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  • gc_kaavaali
    11-21 10:01 PM
    Happy Thanksgiving to all IV members.





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  • ndbhatt
    07-24 12:08 PM
    Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?





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  • usirit
    07-30 11:20 AM
    Nixone;

    I really hope / wish you don't get audited.

    DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.

    Good luck...

    I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

    I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

    Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.



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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.


    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.





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  • cagedcactus
    11-09 09:17 AM
    this sounds a bit complicated and I doubt anyone here is qualified enough to give you a true answer.
    Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
    I paid a few laywers their time, and went to talk with them.
    They suggested an appeal with explanation, and proper supporting documents.
    Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...



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  • godbless
    02-23 02:37 PM
    Pappu, please post such tit bits (of your choice) at regular intervals. Thanks.

    As you must have learnt by now, we have 97% babies who need a feeding bottle at regular intervals.

    Thank you MOM!!!!!! Make sure that the bottle is not empty.





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  • snathan
    02-15 04:06 PM
    You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.

    I can bet 90 percent of the GC applicants are from India are from AP.

    Jet

    I was sure some one will come with this info...Let the fight begin..:D



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  • alterego
    01-14 08:06 PM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.

    Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
    300 for December with a PD set at Jan 02!:eek::eek::eek:
    Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
    I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
    We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.





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  • kirupa
    09-03 10:03 PM
    That's a good point! I never noticed that, but I will look into it shortly :)



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  • TexDBoy
    02-06 03:32 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik

    Hi Kaushik,

    Are you filing an H1B Amendment to reflect your new position





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  • anai
    09-22 08:51 AM
    just FYI, came back via SFO and had no reentry issues.

    Great. Good that you went and good to know that there were no issues.



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  • gcdeal
    07-11 05:55 PM
    That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D





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  • saisiv
    07-23 03:54 PM
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf



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  • mmanurker
    10-06 04:32 PM
    We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

    PD: Feb 14, 2005.

    I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

    Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

    Please help! :(

    yes, this happened with me as well...In last 10 days I have regular updates on my 485

    Initially filed at TSC--->Transferred to VSC then back to TSC and then again to Nebraska and today they transferred to a USCIS office(i guess it means to a local office, Now I am guessing they might ask me to appear in-person at their local office.)..very strange. as u can see I am in EB3 and my 140 is also not approved...





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  • Humhongekamyab
    07-30 12:14 PM
    It appears only EB-3's are getting approved these days.



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  • letstalklc
    11-04 01:58 PM
    This is great news for huderabadis....no more chennai visits....we can save lot of time in travelling....

    We all should proud for having US consulate....





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  • chi_shark
    12-02 11:51 PM
    thanks! i do have business activities... and i am not worried about audits...


    If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).





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  • boreal
    08-24 07:30 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.

    Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!





    mps
    05-28 10:26 AM
    Hi,

    After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..

    Can anyone confirm this?

    Thanks.

    I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.





    485Question
    10-11 12:51 PM
    Did your certificate says your completion date or it just have the certificate issue date?



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