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  • GotGC??
    03-27 12:03 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.





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  • rb_248
    03-31 08:54 PM
    What about you? your PD is current right? any chance that you will get it soon?

    Already got it....last September. Thanks for asking.





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  • sanju
    03-12 10:28 AM
    Congratulations GCMan007, thats awesome.

    If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.

    If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.



    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





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  • gcinterview
    06-11 04:45 PM
    I completed my interview in mount laurel, NJ. Went well, in the end, was told no visa numbers available took my I94 from passport. Sigh!!! numbers were available until last month(:-(). Any way was given a letter stating case would be held in abeyance until priority date becomes current. They are advising me not to travel until you get the green card, they say it would be finalized soon. Any one in similar situation?


    I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.

    History:
    My 485 was filed in NSC in July'2007.
    I have 2 I-140 petitions, and dates are current(Eb2 India).
    Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
    Case got transferred from NSC to local office in April'2009
    After about 8 days of transfer to the local office I received Code 1 Finger print notices.

    What does that mean? Any one had similar experiences?

    Here is the message I got last month.

    We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



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  • naushit
    05-22 04:02 PM
    My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?





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  • virald
    08-14 12:13 PM
    My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

    Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

    Gurus, please advice

    (BTW I have an approved I-140.)

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


    From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    You should be okay



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  • kaisersose
    11-27 01:38 PM
    Hi,
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you

    The short answer is, it does not work. It has been permanently banned following heavy abuse.

    Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.





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  • snowshoe
    01-01 09:00 AM
    I just returned from my 4 days cruise with a stop at Calica, Mexico. Here is my experience with the Customs and Border Patrol officer at the Port of Miami:

    I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.

    After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.

    (while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).

    I wish all of us a very happy new year.



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  • HV000
    08-10 08:47 PM
    Reforms To Visa Programs For Highly Skilled Workers.

    IMPROVING EXISTING IMMIGRATION
    22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
    23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.

    The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!

    SEPTEMBER Rally would be ideal to raise these issues!

    ISSUES THAT WE COULD RAISE DURING THE RALLY
    1. Eliminate EB Backlog
    2. Processing Timeline for I-485
    3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
    4. Uniform Processing Methodology across all USCIS Service Centers
    5. Uniform Level of Customer Service across all USCIS Service Centers
    6. Increase Coordination between USCIS and DOS
    7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
    8. More Transparency and flexibility in invoking AC21
    9. Decrease the time to invoke AC21 from 6 months to atleast 3 months





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  • sr77
    09-26 11:45 AM
    Hello,

    The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.

    We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.

    I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.

    1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
    2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?

    I am concerned that the dates will retrogress again. Any advice or comments will be helpful.

    Thanks,
    SR



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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.





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  • vnsriv
    06-25 03:29 PM
    My suggestion better be in US while your I-485 is in progress or wait till when you both get AP.



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  • prasadn
    09-10 08:54 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    My current position was advertised as MS with 0 years experience even though I had MS + 4 years experience. However I applied in old labor system (pre-PERM).





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  • gcformeornot
    01-10 06:13 PM
    please



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  • Sakthisagar
    10-20 10:26 AM
    As per The Oh Law Firm (http://www.immigration-law.com/)

    10/19/2010: Senator Grassley of IA (R) Drops Second Bombshell Placing Immigrant Community in Shocks and Speechless

    The Republican Senator Chuck Grassley of Iowa lately dropped the first bomb by obtaining and releasing to the media the USCIS internal memo on the Administrative Alternatives to the CIR, stirrming a political quackmire. Last week, he dropped the second bomb by releasing his letter to the USCIS Director accusing him of pressuring the California Service Center adjudicators to speed up adjudication of petitions.

    http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=29635


    This Senator is real Anti Legal immigrant and does not have much knowledge of suffering and perseverance immigrants have in general. This guy should be educated soon properly.





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  • rjgleason
    June 4th, 2004, 08:31 PM
    I immediately thought of the Seinfeld Episode: Bubble Boy



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  • nlssubbu
    12-24 01:22 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
    I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.

    I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
    Thanks

    Thanks





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  • eb3_nepa
    11-06 04:30 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

    My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

    I was wondering if I could use the Heallth care angle for the H1b Non Cap





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  • snathan
    08-20 03:13 PM
    4. An apology from USCIS for the delay!!


    Dreaming too much...by the way how its going to fix the problem?:D





    mbartosik
    03-28 01:29 PM
    until today my I485 was 60 days outside the processing times.
    Now it is not.
    I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.

    Things that caused Nebraska to move back:

    Transfers from Texas Service Center
    180 day name check rule
    Some categories moving forward in VB, and they had not been doing pre-adjudication.
    They are trying to make processing dates reflect reality (and reduce service requests)

    The only logical thing was to move the processing date back, if only to reduce the service requests coming in.

    I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.

    This is some sign of some LIMITED attempt to process as FIFO for receipt date.





    Green.Tech
    07-25 08:51 PM
    No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.

    Good info vxg. Thanks. I am wondering though how come your job duties didn't change when you got promoted from an engineer to a manager, unless I guess you are an engineering manager and not a business development manager? Just curious. :)



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