saajed
11-16 09:54 AM
Thanks all for the advice.
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alanoconnor
04-10 07:29 PM
http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
va_labor2002
08-24 09:13 AM
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.
qplearn
Any comments from IV Core Team ? What is our plan of Action? what's cooking inside IV ?
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.
qplearn
Any comments from IV Core Team ? What is our plan of Action? what's cooking inside IV ?
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solraj
03-19 01:24 PM
Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.
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nyguy25
05-01 08:35 PM
Can anyone confirm that only Driver License is required for this cruise? NCL told me so, but I�d like to hear from someone who already sailed. Also, do you have to go through Customs or Immigration upon returning? Any help would be greatly appreciated. Thanks!
caydee
03-07 11:53 AM
This is not a big issue. Find out from local hospitals how much they charge for all delivery options and sign a contract with a hospital most convenient to you. They normally would accept monthly payments through the child birth. Also discuss post-birth mother and child health checks and shots. I would first look for an University Hospital in the area.
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
more...
VisaHelp
07-26 09:23 AM
I wasn't filing for an extension but rather a transfer of my H1B. It expired while waiting for the transfer. Do you think that might make a difference....negatively?
My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
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sieger007
05-27 02:07 AM
Hi krishnam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
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lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
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ars01
01-19 08:52 AM
Filed I-140 in October 2006 in EB3 category.
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gc_chahiye
09-25 01:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
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add78
05-01 10:49 AM
I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
more...
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pointlesswait
09-17 11:49 AM
if you can find such a company...nothing like it!
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
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h1techSlave
03-19 11:57 AM
I can't think of anything other than getting the company immigration lawyer's help in this case.
On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
more...
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walking_dude
12-05 11:34 AM
ACLU is using USCIS/FBI over namecheck delays. Not sure if the lawsuit is limited to Citizenship applicants or GC applicants can be included.
http://www.mercurynews.com/breakingnews/ci_7632838?nclick_check=1
If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.
Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/
ACLU Immigrants rights project E-mail - immrights@aclu.org
http://www.mercurynews.com/breakingnews/ci_7632838?nclick_check=1
If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.
Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/
ACLU Immigrants rights project E-mail - immrights@aclu.org
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minimalist
02-03 08:29 AM
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
2 is more legitimate reason and people answered that it is not an issue.
For the first one if you are thinking about saving 360$, think if some strikes/riots in India/country you are traveling thru or a weather event similar to the one that stopped flights al over Europe were to happen.
In my opinion , not renewing will be a huge risk. The reward of saving 360$ is not worth it.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
2 is more legitimate reason and people answered that it is not an issue.
For the first one if you are thinking about saving 360$, think if some strikes/riots in India/country you are traveling thru or a weather event similar to the one that stopped flights al over Europe were to happen.
In my opinion , not renewing will be a huge risk. The reward of saving 360$ is not worth it.
more...
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chanduv23
09-15 06:47 PM
Do we have any guesstimate for the number of attendies for the rally?
10000 is expected and more.
Like a caller on radio said - we need 30,000 people and not 5000 people.
People in Tri State and DC area - no excuse for not coming. Just one day of your lives. Just one day
10000 is expected and more.
Like a caller on radio said - we need 30,000 people and not 5000 people.
People in Tri State and DC area - no excuse for not coming. Just one day of your lives. Just one day
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kaarmaa
05-04 11:48 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
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dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
crystal
08-14 08:07 PM
They can study without any issue.They dont need any permission. Universersities allow to study on H4. Only thing is they cannot work like an F1-student.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
jonty_11
07-25 12:30 PM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
yes u need all documents...
Look again..and u will find link to this discussion on the HOME PAGE..
I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
yes u need all documents...
Look again..and u will find link to this discussion on the HOME PAGE..
I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132
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