ski_dude12
07-13 01:14 PM
Another substitute case...
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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icecold_astro
09-28 04:35 PM
Hi,
My parents came here on last saturday and the I.O at Port of Entry told them he's giving them 6 months to stay with me but when I looked at their passports, my mom's I-94 was stamped for only 3 months whereas my dad's passport was stamped for 6 months. If I go ahead and apply for 3 month extension for my mom when is the best time to do it? They have their return tickets in March and they don't have any intention to stay beyond that period. I was just wondering if it's just a stamping error of if they indeed has given my mom only 3 months. Attorney's please respond.
Thanks
My parents came here on last saturday and the I.O at Port of Entry told them he's giving them 6 months to stay with me but when I looked at their passports, my mom's I-94 was stamped for only 3 months whereas my dad's passport was stamped for 6 months. If I go ahead and apply for 3 month extension for my mom when is the best time to do it? They have their return tickets in March and they don't have any intention to stay beyond that period. I was just wondering if it's just a stamping error of if they indeed has given my mom only 3 months. Attorney's please respond.
Thanks
amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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SGP
05-19 08:58 AM
My PERM was filed and I got the following email from my lawyers
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
more...
bos_guy
08-05 11:18 AM
Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status
drona
09-07 02:54 PM
Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.
http://immigrationvoice.org/forum/showthread.php?t=12976
http://immigrationvoice.org/forum/showthread.php?t=12976
more...
Tommy_S
04-15 11:45 AM
It's not an engine, it's an S&S V-Twin power house. I didn't realize we were being judged on the complexity of font used.... I must have missed that part in the rules.
No, everybody chooses fonts at his/her own will.
No, everybody chooses fonts at his/her own will.
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sparky_jones
06-30 10:56 AM
This looks like the hallmark of a gang initiation ritual. The teens were probably asked to carry out an act of this nature before the gang would consider them to be tough enough. So they drive around, pick a random person, and beat him up, and the hapless victim ends up dead. Sad and bizarre.
more...
Navkcl
06-21 02:29 PM
Please advise,
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
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GC_1000Watt
08-08 02:44 PM
thanks buddy! So i believe it's just the state of the consulate..right?
By the way was your case kind of same?
^^bump^^
By the way was your case kind of same?
^^bump^^
more...
fasterthanlight�
05-16 04:20 PM
Font could definately use some work. I'm so sick and tired of times new roman being everywhere. The only thing its good for is essays.
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manderson
03-04 10:47 AM
i think u will be covered under the new NC>180 policy so u can also send a demand letter through your lawyer after March 10, 08 (i am inferring this from updated FAQs for NC>180: pls see that FAQ for more info).
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
more...
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gcwait2007
03-28 04:32 PM
I got a LUD today filed 7/11/2007 NSC
what is your category? EB-2 or EB-3? Thanks in advance.
what is your category? EB-2 or EB-3? Thanks in advance.
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raysaikat
07-13 01:18 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
more...
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coolpal
04-14 11:49 AM
Are you working for your new employer now? (I assume not).
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
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mallikonnet
07-07 09:22 PM
My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.
yes you can extend h1b with out any problems
yes you can extend h1b with out any problems
more...
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manish756
04-12 04:32 PM
Thanks a lot . she is travelling on AP. I haven't received the RFE till now.
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
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eb3_nepa
02-25 07:47 PM
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
Can you post any supporting documentation for this?
Thanks
Can you post any supporting documentation for this?
Thanks
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dilbert_cal
02-09 02:04 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
chinnailu
04-19 11:18 AM
What Ann said is correct. You can get stuck in Canada. Check this recent experience :H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada. (http://redbus2us.com/h1b-visa-stamping-experience-2010-in-canada-19-days-wait-in-canada/)
aarzoo
01-14 01:19 PM
Yes without original PERM approval, USCIS does not accept cases for PP
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