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  • gk_2000
    05-20 05:31 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss

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  • pappu
    08-14 02:36 PM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
    evaluate your pros and cons based on your own unique situations.

    the BEC uses old generous rules to process applications. thus chances of success are better

    perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.

    you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.

    bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.

    in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.

    thus priority dates are more important. make sure any decision you take maintains your old date.

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  • drirshad
    05-24 11:22 AM
    Is postal address for e-Filed AP & EAD same, are the 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.

    Anything missing from the following:

    Req docs, you will have to send (I-765/EAD)
    1. a copy of of your I-765/EAD E-file receipt,
    2. pending I-485 receipt,
    3. two 2"x2" passport photograph,
    4. copy of your previous EAD, both side
    5. drivers license, both side
    6. passport non-immigrant visa page
    (even if its expired, it will serve as a federal issued photo ID).

    Req docs, you will have to send (I-131/AP)
    1. I-131/AP E-file receipt
    2. Photo Id: License
    3. Passport visa page
    4. 485 receipt copy
    If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.

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  • finimits
    05-02 03:10 PM
    Hi Saji007,

    Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
    I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?

    Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.


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  • hazishak
    11-03 01:07 AM
    What do you guys think? USCIS will listen whatever IV says? Also NSC received more applications than other service centers. So it is reasonable for NSC to be behind.


    Can this be taken up with USCIS???


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  • ckichannagari
    11-09 04:40 PM
    from Texas


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  • ramaonline
    06-22 02:27 AM
    according to the current regulations
    h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
    u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
    pl confirm with ur company attny

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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?

    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.


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  • paskal
    02-14 10:20 PM

    i do not know how to make this clearer
    if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....

    please DO NOT send blank requests for membership.
    having to write back and ask for it is a real waste of my time.
    please cooperate the first time round !!

    Thanks :)

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  • gc28262
    07-19 08:36 AM
    Hi Folks
    My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
    <> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
    <> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
    My online profile won't show current address - just an application online to change the same.
    Any insights will help

    Call customer service. Tell them you want to verify that USCIS has the correct address on file for you. They will verify whether the address they have is the current one. If not, ask them to update it.


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  • purgan
    10-14 08:17 PM
    Another recent story on Canadian Skilled Immigration...

    Geoffrey Scotton, Calgary Herald
    Wednesday, October 11, 2006

    CALGARY - Alberta and the rest of Canada need to move quickly to boost immigration and take better advantage of skills so many new Canadians bring to their chosen home or risk being left behind in a global race for talent, says the head of Canada's largest bank.

    ''We must significantly increase these efforts and others if Canada is going to have the necessary human resources to compete in today's global economy,'' Royal Bank of Canada president/chief executive Gordon Nixon said to a dinner of the Immigrant Access Fund in Calgary Tuesday evening.

    ''Make no mistake, Canada is in a global war for talent. We must be a destination of choice for skilled immigrants and professionals or we will not succeed ... If we do, we will have a unrivaled advantage. If we don't, we will face an uphill battle just to maintain our quality of life.''

    David Baxter, a demographer and economist with the Vancouver-based Urban Futures Institute Society, agrees with Nixon's analysis, suggesting Canada faces a ''perfect storm'' of demographic labour force pressures. Those factors include a declining birthrate, a massive number of Canadians approaching retirement and relatively fewer Canadians entering the workforce as they reach working age.

    ''You don't need a robust economy to be able to say there's going to be a problem here. We're probably now at the point now that without immigration our labour force stops growing,'' he said. ''This is a long-term issue, let's regularize it. We've got to move away from this talk of temporary (workers).

    ''What I would look for is young, healthy, intelligent, honest energetic people, preferably with an entrepreneurial spirit - and more employee sponsorship.''

    Nixon argued that nowhere is the potential of immigrant expertise and contribution more evident than in Calgary, which is suffering labour shortages across the board, in all industries, from the unskilled worker to the skilled professional.

    ''Calgary is facing a shortfall of as many as 90,000 workers over the next five years ... by 2025 the shortage across the province will be well through 300,000,'' said Nixon. ''Alberta is at the cusp of a trend we're seeing nationwide.''

    Nixon argued that immigration must be viewed by policymakers as a strategic economic development tool that will help to define 21st century Canada. He noted the country has in the past used immigration as a tool of industrial policy, particularly around the settlement and development of the West.

    That kind of approach is needed again, Nixon asserted, as is better utilization of under-employed immigrants already in Canada, a phenomenon that RBC economists has estimated costs Canada $13 billion annually.

    ''We can no longer view immigration as a temporary employment agency,'' said Nixon. ''We need to start looking at immigration as a blueprint for nation-building, and we must find the right balance between social justice and economic need.''

    Baxter believes that Alberta is making the strongest effort of any of the Canadian provinces to attract and efficaciously absorb new Canadians. However, he noted that while immigration policy remains largely the purview of the federal government, questions of professional accreditation and other determinants limiting immigrants' entry into the Canadian workforce rest in provincial hands.

    ''Alberta is at the forefront of this. The provincial government recognizes this (the need for more workers) and so does industry,'' said Baxter, referring to Alberta's Labour Force Strategy, released in July.

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  • abchi
    09-22 04:35 PM
    EB2- July 2004, I140-I485 applied in August 2007, recently laid off.

    The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.

    What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?

    Thanks for the help.


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  • qplearn
    08-23 07:04 PM
    I am wondering why it is that nobody knows whether a bill will be introduced in Sept. The house and senate have their timetables set long in advance.

    Also, if it goes beyond Nov, and the Dems win, they might forget all about us; they care far more for the illegals, unfortunately.:(

    We must try to get this passed before the elections in Nov.


    Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.

    thanks again for at least trying.

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  • pappu
    03-27 12:08 PM
    IV can contact this organization since they have contact with media and have done research on immigration


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  • zoooom
    04-09 06:10 PM
    i'll kick start this thread myself :D

    i am planning to buy a house, i would appreciate if anybody can suggest some good realtors in socal?
    I would answer this:
    The best realtor is the one who can give you some money back from his commission...:)
    Dont rely on the realtor to determine the home price for you. DO some homes in the vicinity and come up with a price thats reasonable and mos importantly AFFORDABLE to you.

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  • amitjoey
    08-17 03:06 PM
    Hello everyone,

    Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.

    SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?

    Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
    Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
    Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320

    According to Murthy: http://www.mURTHY.COM
    The package should reach today. Not on monday even if the post mark is 16th.


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  • sc3
    08-28 12:43 PM
    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?

    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications

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  • gc28262
    09-03 10:49 PM
    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.

    This is Obama and Grassley in action :rolleyes:

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  • telekinesis
    10-22 09:45 PM
    Oh how I miss my Playstation :*(

    10-19 03:04 PM
    Are you talking about the Diwali Mela event on November 10th?

    Anders �stberg
    March 3rd, 2004, 02:38 PM
    This is looking down the stairs outside my office, saw this for the first time today. I had the wrong lens and no tripod, so I just shot a couple to get a feel for the motif. This was the least blurry of the bunch - handheld at 1/6s isn't my strongest skill. :)

    What do you think, is this anything? It has been done a gadzillion times, but maybe one more is interesting? I'll go back this weekend when the place is empty, with a tripod, and get a bunch of different versions. Anything you'd advice in terms of composition, angle, lighting etc?

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