gcformeornot
11-03 02:40 PM
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
you lawyer or employer can contact...
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
you lawyer or employer can contact...
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Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
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crazyghoda
06-16 04:20 PM
After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.
more...
rbalaji5
01-11 01:35 PM
Thanks Gc2 for useful information. I will the family class.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
cagedcactus
06-14 09:35 PM
Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....
No one can stop it.
Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?
Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....
We have been dealt a crucial blow here.
No one can stop it.
Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?
Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....
We have been dealt a crucial blow here.
more...
Anders �stberg
April 3rd, 2005, 01:39 PM
I like #2, nicer colors and looks more natural to me.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
more...
indianabacklog
02-13 03:11 PM
I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.
Has anyone else noticed something similar when you started with a new employer using eVerify?
E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.
Has anyone else noticed something similar when you started with a new employer using eVerify?
E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.
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kittu07in
09-09 09:02 AM
Hello,
I got a notice today saying that my H1B withdrawal notice has been sent on Sep9th (today).
My new employer applied LCA yesterday (09.08.2009) for my H1B transfer.
What is my status now? can I transfer H1B to new company?
Is my old H1B revoked?
what is my next step to do to stay as legal immigrant?
Thanks in advance.
I got a notice today saying that my H1B withdrawal notice has been sent on Sep9th (today).
My new employer applied LCA yesterday (09.08.2009) for my H1B transfer.
What is my status now? can I transfer H1B to new company?
Is my old H1B revoked?
what is my next step to do to stay as legal immigrant?
Thanks in advance.
more...
watzgc
11-15 04:48 PM
Hi , I just came to know that my son's application was returned due to wrong fee and seems my lawyer resent with correct fee on Oct-19-2007. will USCIS accept the application?. I'm still waiting for the receipt # for my son.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
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grupak
07-02 10:19 AM
Do I have give all I-94s cards on departure from US or only the one attached to the passport? Of course all are having the same number.
Thanks in advance for your replies.
I made copies, clipped them together and handed to the airline agent. Unlike in the past, airline agents are more aware of and careful about the immigration documents.
Thanks in advance for your replies.
I made copies, clipped them together and handed to the airline agent. Unlike in the past, airline agents are more aware of and careful about the immigration documents.
more...
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immi2006
12-25 02:43 AM
Microsoft OS does not take greater than 2036 for some reason. I am not sure if folks use common sense, it is better for u to follow up to get it corrected, if they used common sense, you will wait AEO or something like next generation dinosaurus age for a GC :-) may be u have a futuristic PD :p
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
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uma001
08-30 09:24 PM
How about this? Just give Green card for all the current H1 holders without any stage approvals....direct grene card ..:)
more...
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vnsriv
08-27 02:52 PM
Gurus,
I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.
What should I expect?
Patience my dear friend. I haven't seen any second LUD on I-485 since FP date.
I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.
What should I expect?
Patience my dear friend. I haven't seen any second LUD on I-485 since FP date.
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dohko
04-08 10:04 AM
did you guys select CP or AOS?
Wouldn't CP be faster in dates become current.
Wouldn't CP be faster in dates become current.
more...
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anurakt
01-15 02:56 PM
All tri state chapter members please join on a conference call on Friday 19th Jan from 9:15 pm to 10:15 pm. The conf call info is below
1. Dial-In to your Conference Number 1-712-432-3000
2. Enter your Conference Bridge Number: 131128
This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.
1. Dial-In to your Conference Number 1-712-432-3000
2. Enter your Conference Bridge Number: 131128
This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.
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voicerj
05-12 02:18 PM
Hello,
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
To my knowledge, you can definitely get your I-140 filed without Joining the employer as i know of some folks who have done that. But incase you are in the country and file I-485 when you dates become current, you have to be with the employer who files your I-485
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
To my knowledge, you can definitely get your I-140 filed without Joining the employer as i know of some folks who have done that. But incase you are in the country and file I-485 when you dates become current, you have to be with the employer who files your I-485
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newyorker123
10-19 12:20 PM
Do you know your I-485 receipt number? If yes, then request FOIA to get all the documents attached to your I-485 case number, then they will send you all the documents in your I-485 case file and I-140 document will be there in it. You might also need to enter your A# in FOIA request.
If you dont know your I-485 receipt number then I am not sure how to send FOIA request.
--------------------------------------------------------------------------------------------------------
This is not legal advice and I am not a Lawyer.
Contributed $200 towards IV advocacy.
If you dont know your I-485 receipt number then I am not sure how to send FOIA request.
--------------------------------------------------------------------------------------------------------
This is not legal advice and I am not a Lawyer.
Contributed $200 towards IV advocacy.
hemanth22
06-25 04:30 PM
Gurus
Please advice.
The H1-stamp on my passport has expired in 2005. I have an approval for H1 till 2010
I will be filing 485 / EAD / AP on July 1st in EB2 category.
Since the 485 approvals are 2-3 years away
Is it possible to go out of the country for H-1 B stamping or if the EAD/AP gets approved i must go on to that status.
H1 is preferable since i do not have to worry about work authorization
whereas with EAD since it expires in 1 year , i will have to keep my fingers crossed and not work till the next EAD gets approved ( after june next year )
Regards
Please advice.
The H1-stamp on my passport has expired in 2005. I have an approval for H1 till 2010
I will be filing 485 / EAD / AP on July 1st in EB2 category.
Since the 485 approvals are 2-3 years away
Is it possible to go out of the country for H-1 B stamping or if the EAD/AP gets approved i must go on to that status.
H1 is preferable since i do not have to worry about work authorization
whereas with EAD since it expires in 1 year , i will have to keep my fingers crossed and not work till the next EAD gets approved ( after june next year )
Regards
royu
07-23 04:44 PM
Hello belmontboy,
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
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