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Wednesday, June 8, 2011

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  • oaktree
    01-12 12:57 PM
    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...





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  • hydubadi
    03-18 02:14 PM
    I agree.





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  • funny
    08-13 01:20 PM
    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks

    Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.





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  • rajarao
    08-19 09:32 PM
    Thanks everyone for replies.
    RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
    The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.

    Will keep posted on this forum.

    --------------------
    EB-2/ India/
    PD 06/2004



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  • file485
    07-09 08:36 AM
    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice

    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?





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  • kannan
    04-11 04:28 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.



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  • ayaskant
    02-01 09:42 AM
    No I didn't file for EAD. I know I should have.
    I am updating my profile now.





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  • Libra
    09-14 11:52 AM
    DO YOU WANT TO WIN OR DO YOU WANT TO LET LOU DOBB WIN, YOU DECIDE.



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  • vikramy
    07-10 02:14 PM
    This is a client. My company gave a letter from immigration department saying EAD is a valid document to work. But their security team is just adamant saying they need valid visa & I94. So What helps me is some thing that says EAD is valid for legal employment or it is not legal to descriminate based on the status.

    I even have valid drivers licence etc. still they don't see it as valid.

    I 9 form does have i 766 as valid entry.





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  • anilsal
    07-18 01:00 AM
    Guys, if you are suggesting that we should start work on each of these pending issues, then
    a) either you start working on them by joining the IV Local State Chapters or
    b) contribute ****from your heart*** to IV to do the noble work.



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  • roseball
    01-07 02:20 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN


    Now look at this link

    USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??


    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date


    Thank you..

    From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.





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  • sukhyani
    04-18 05:33 PM
    Can we not create a poll the way we have done in the past where we can see a chart?



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  • IAspire
    02-21 12:09 AM
    Please help....





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  • 485_se_dukhi
    07-20 03:03 PM
    This link shows which senators supported and which ones opposed the bill.

    http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    This motion was defeated by a very narrow margin (5 votes)... and you can see that exactly 5 senators abstained.

    So, what this implies that some effort needs to go to contacting fence sitters and apprise them of our views and hopefully, get them to support us.

    Would appreciate guidance from core team on this....



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  • newyorker123
    09-28 10:53 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.


    Thanks friend, I already know the A# so I will just put it in.





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  • txh1b
    08-18 09:32 AM
    Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.

    http://www.uscis.gov/files/form/I-765instr.pdf

    If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.



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  • bobby
    04-18 05:23 PM
    My PD is now current and I'll be filing 5/1
    PD 5/03 EB3 ROW
    Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.





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  • GCHope2011
    09-07 04:33 AM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.





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  • mmk123
    02-20 05:50 PM
    There are 2 kinds of people in the world -

    one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.

    An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?

    Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.

    We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...





    ibmguy
    04-09 02:09 PM
    Thanks to all who responded. I really appreciate your time. Your replies have really been useful. It seems like one can maintain both H-1B and I-485 adjudicating status simultaneously. Some employers probably go by the policy of continuing H-1B status. Only thing for me is that I will have to go for visa stamping which I really did not want to as it is such a hassle and takes a lot of time.





    PD_Dec2002
    06-12 03:55 PM
    up

    If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.

    As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.

    You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

    Good luck.

    Thanks,
    Jayant



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