p_aluri
04-01 05:38 PM
I am sorry to hear about your situation.
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
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CHHAYA
04-28 12:47 PM
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?
VMH_GC
12-15 02:19 PM
I guess the officer did the right thing. In my opinion you don't have to worry about this. Tear the i-94 from your 797 and send it to lawyer along with your original i-94.
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justAnotherFile
07-11 09:01 PM
That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
more...
desi3933
02-18 11:28 AM
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
nixstor
09-11 01:53 PM
OFLC is nothing but a department of the agency (DOL)
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
more...
kgwithnogc
05-08 01:48 PM
One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
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mhkumar
03-25 02:31 PM
serach for immigration
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Yes, very good question. Everyone vote for this question.
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Yes, very good question. Everyone vote for this question.
more...
Dhundhun
11-21 05:27 PM
While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
I-94 from from it.
The I-94 returns are automated. You may be out of US in records. Another reason to contact USCIS.
I-94 from from it.
The I-94 returns are automated. You may be out of US in records. Another reason to contact USCIS.
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roseball
10-08 04:30 PM
I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.
Right now who is my employer Company A or B or none of the above?.
If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.
Right now who is my employer Company A or B or none of the above?.
If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.
more...
Roger Binny
05-12 10:05 PM
First trying infopass is the right idea, even if you contact congress man and senators they may ask you to go through info pass first.
Google your statename and senators you should get the list, its not hard to find their home pages.
These are my opinons.
By the ways what is the reason they cited when the EB2 I-140 was denied?
Google your statename and senators you should get the list, its not hard to find their home pages.
These are my opinons.
By the ways what is the reason they cited when the EB2 I-140 was denied?
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syedajmal
07-31 03:53 PM
Option 1 - If she has been out of the USA for a significant amount of time for which you have proof, that time can be recaptured. I did this and recaptured 7 months. And Yes she can work for the time recaptured.
Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.
Hope this helps
Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.
Hope this helps
more...
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Winner
05-14 10:49 AM
Did my part for the month.
Subscription Number: S-42J63140****
Subscription Number: S-42J63140****
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GCmuddu_H1BVaddu
05-20 10:46 AM
I have completed. :)
Thanks for the link...Btw are you taking the same class...:)
Thanks for the link...Btw are you taking the same class...:)
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rb_248
10-19 04:58 PM
Friends,
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
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naveenarjun
06-04 10:39 AM
If this is old then why did i see it on THOMAS as
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
more...
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ggc
08-16 04:44 PM
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
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arunkotte
06-04 09:46 AM
Monday, June 4, 2007
2:30 p.m.: Convene and begin a period of morning business.(Morning business at 2:30pm :cool: )
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
2:30 p.m.: Convene and begin a period of morning business.(Morning business at 2:30pm :cool: )
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
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nogc_noproblem
04-24 10:51 AM
Is there any formal announcement from IV for letter / flower campaign? We left with very short time.
Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
optimystic
04-22 03:51 PM
That particular date of July 11 at NSC is for EB I-485 !
Hey that was my hundred...and lo behold I am a senior member now :) ....I was hoping to save my 100th post to share a positive news that I got my GC or something. But it was probably too much to expect I guess :D
Hey that was my hundred...and lo behold I am a senior member now :) ....I was hoping to save my 100th post to share a positive news that I got my GC or something. But it was probably too much to expect I guess :D
glus
01-03 11:03 AM
Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.
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