Sunday, June 12, 2011

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  • Mayra75
    12-31 08:16 AM
    YES. I believe that will certainly be re-introduced as one of the measures in 2006

    Indio ;
    Do you know that is this will be in next Feb. ? and which bill that will include this issue ?
    Thanks so much for your reply,,





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  • frostrated
    05-13 12:00 PM
    why are you worried about your labor when your status shows that you have filed your 140?





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  • askbz1
    04-16 11:18 AM
    Thank You so much. Found this thread just in time when I was searching for insurance from my Parent's visit to US.





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  • humdesi
    03-13 01:23 AM
    There is a add on Sulekha ...

    http://www.merriam-webster.com/dictionary/add

    transitive verb
    1: to join or unite so as to bring about an increase or improvement
    2: to say further : append
    3: to combine (numbers) into an equivalent simple quantity or number
    4: to include as a member of a group
    intransitive verb
    1 a: to perform addition b: to come together or unite by addition
    2 a: to serve as an addition b: to make an addition

    http://www.merriam-webster.com/dictionary/AD

    Main Entry: 1ad
    Pronunciation: \ˈad\
    Function: noun
    Usage: often attributive
    Date: 1841
    1 : advertisement 2
    2 : advertising



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  • deardar
    09-14 03:41 PM
    i meant the quality was like, that perhaps my computer is messing it up





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  • mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.



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  • belmontboy
    12-12 08:06 PM
    sorry if i am wrong..
    How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
    i just dont trust these consultants..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • sravani
    05-22 04:57 PM
    New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

    If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

    Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

    So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

    Sree

    What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.

    They also banned the labor substitution premium processing over night without any notice. :rolleyes:

    Now with this new bill drama we can't predict anything.



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  • pkv
    06-03 02:15 AM
    Though I sent webfaxes, But I am not very convinced.
    Its same text in every fax. Its not personalized.

    For senatores it will be a spam kind of thing. So many faxes with just different name but same text.

    I am not also happy about language. Its not very effective!!!





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  • amdn123
    06-13 09:00 AM
    Wow, this is news to me. Could you please clarify something, logiclife? I apply to another company, who gets me a 3 year H1B before my 6th year starts. Do I need to request my old company to keep my PERM and I-140 alive until the I-485 is filed and approved? I thought the only way to move to another company was after 3 months of applying for I-485. Thanks for the advice!



    First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

    Ok.
    You still have another 2 months before you begin the last year of your initial 6-year H1 term.

    If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

    Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).



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  • inskrish
    05-02 12:23 AM
    thanks snathan. I do plan to carry i-797. When you say "you will be given till aug 2009", what are you referring to?

    It's I-94





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  • NikNikon
    June 16th, 2005, 03:54 PM
    Hey Anders, I gave a go at lightening your shot. Would be interested in how yours came out as well.



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  • new_horizon
    03-08 06:44 AM
    Filed online on Dec 20 for both me and my wife. Send additional docs in 1 week. EAD and AP approved on Feb 23. Nebraska center. Only sad thing is EAD and AP are not in one card. I got EAD approved for 2 years, but AP for only 1 year in paper form.

    Can anyone offer suggestion if I should call USCIS why they did not give it in a single card. 'coz I thought they were supposed to issue both the EAD and AP in one card starting Feb 11. I applied for both together.





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  • anantc
    06-19 02:08 PM
    Hi

    Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
    Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?

    Appreciate anyone already in same boat!



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  • Bhaskar_80
    06-10 02:29 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,





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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.



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  • chanduv23
    09-14 03:44 PM
    Yes hee is going to speak - listening





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  • lazycis
    10-05 09:03 PM
    Your H1-B does not matter. What matters is LC for your I-140. It sounds like you want to use AC21 portability. EAD allows to work for any employer(s), but you have to make sure your I-140/I-485 is intact.





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  • Munna Bhai
    01-07 11:23 AM
    can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.

    Yes,but it has no effect on your GC.





    designserve
    03-02 06:20 PM
    I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B





    Lasantha
    07-09 01:33 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.



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