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  • maverick_joe
    11-16 01:03 PM
    same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.





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  • karthik_may
    07-18 04:06 PM
    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.





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  • j0se
    08-15 03:24 PM
    cheers

    that's a really nice piece of work, btw
    :)





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  • Student with no hopes
    04-21 07:41 AM
    This is hard to know, it is such a sad story.....I have sent this story to many of my friends... we will think of something to help



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  • nish2006
    04-27 08:52 AM
    Dear All,

    I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:

    a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
    b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
    c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
    d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
    e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?

    I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.

    Best Regards





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  • Bolt
    03-26 05:55 PM
    Even I am in the current situation. Please call me 6166342617 so we can discuss or email
    anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options

    Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com

    i deeply appreciate your help.



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  • hpandey
    01-08 01:29 PM
    my spouse did not change her last name. Its not required in America. Even the bank accounts are different.

    My spouse also did not change her last name. Believe me getting the name changed on all of the things you have mentioned is one big hassle and is not worth it and with all the documentation that keeps floating around in the system endlessly now a days it is better to keep the same name.





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  • chanduv23
    11-21 11:08 AM
    Wonderful holiday season to all IV members and their families.

    Drive safely if you are planning to drive, if you are flying or other means, get early to the place of travel.

    Have a wonderful time, have faith on IV and lets keep the grassroots efforts on going.



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  • xu1
    08-07 09:32 AM
    http://www.flcdatacenter.com/OesWizardStart.aspx

    Try this DOL wage library for a start. EB2, i guess, needs a level4 wage in your area.

    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron





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  • maverick80
    01-30 11:37 PM
    anyone? Any help would be appreciated here.



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  • chanduv23
    09-19 01:01 AM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!

    And I was looking for you - actually I was on the stage - behind the speakers holding the flag

    I am partially visible in this shot behind Aman

    http://picasaweb.google.com/legalimmigrationvoice/ImmigrationVoiceSep18thDCRally/photo#5111711221748306082

    I was walking with MACACA all along the rally





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  • jay91900
    07-13 01:34 AM
    I've heard so many variations of this. Does anyone have any experience acually doing this. Is it possible for your new company to sneak in and port your old company's LC/I140 withou them knowing or while you are still at the old company. Obviously you would not want to leave your old company till your new company gets the I140 with he old PD ported -right?



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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.





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  • swamy
    11-21 05:27 PM
    Happy thanksgiving to employers and lawyers.

    Happy thanksgiving to ALIPAC, NumbersUSA, Fairus, Zazona, ProgrammersGuild.

    Happy thanksgiving to Ron Hira

    Happy thanksgiving to Lou Dobbs

    This best exemplifies our attitude - we wish even those that harm us the best! as the mahatma urged we fight not the person but the bigotry and evil in them

    Happy thanksgiving everyone



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  • maddipati1
    01-12 11:13 AM
    nice combo, SS and jealous of others who grow, if ur not WLPOS urself u wud've grown too :) if u have any clue abt jul07 fiasco and aftermath u wudnt be believin 'all izz well' like an ostrich :) 'all izz well' only makes Amir a few mil$s. u still have no clue why i have to even bother to respond to u, do u?





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  • a_yaja
    07-07 09:48 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    Depends on a lot of factors.
    1. Under what category are you planning to file for I-140?
    - EB1, EB2 or EB3?
    2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
    3. How far are you from the 95% difference from your current salary ?

    The reason I ask is this:
    If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

    If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

    If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

    IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

    Ofcourse, this is only my opinion and not legal advice.



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  • omved
    05-05 02:25 AM
    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07





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  • upuaut
    08-16 06:58 AM
    I wouldn't export it from photoshop at all.
    Are you sure the tutorial called for you to export from photoshop? Can you provide a link to the tut?

    I would:
    Save for web as a png or a jpg, depending upon which looks better. Then choose "import" in Flash to import the object. I'm not 100% sure, but I think that you can directly import photoshop files into Flash as well. This could be useful if you have a many layered photoshop file which contains things like imported illustrator elements and such. I believe that the import keeps all the layers in place, as grouped object.





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  • summitpointe
    04-09 01:06 PM
    If I work on EAD and do not get the EAD card before it gets expires, do I need to inform my employer about the status. If I inform them they will be removing my name from the payroll and it will be hard to include it again. It is like my job getting terminated.





    franklin
    06-19 08:12 PM
    Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?

    Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).

    Thanks in advance!

    Digital are fine, but there are some quality requirements. Check these sites for more details


    http://travel.state.gov/passport/guide/guide_2081.html
    http://travel.state.gov/visa/temp/info/info_1287.html
    http://www.uscis.gov/files/nativedocuments/M-603.pdf





    sathweb
    01-21 02:30 PM
    Dear IV Friends,

    Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.

    Please help if someone has any idea about the time taken to withdraw a PERM application.

    Thank you,
    Ravi.



    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12



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