Monday, August 15, 2011

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  • gc_chahiye
    11-27 01:47 PM
    Rajen,
    Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
    Consulting company lawyer says they filed it prior to July 15.
    Thank you

    If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).

    Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.

    Whats the status of the LC now? Why has the I-140 not been filed?





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  • Better_Days
    10-14 07:30 PM
    Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.

    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".





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  • desi3933
    12-13 06:36 PM
    Thank you!

    I am not quiting my company but I am moving to India. In that case what will happen ?

    Your valuable inputs are greatly appreciated.

    Thank you very much!

    Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

    You should consider getting professional advice both for your immigration issues as well as your personality disorder.

    Get a life!!!


    ________________
    Not a legal advice.





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  • insbaby
    07-16 07:05 PM
    Hi,
    My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare

    Please let me know if PCC is must from US consulate only

    Hopefully you have not sent email to US Consulate, Delhi asking what they suggest on this.

    Looks like you have not been to India for a long time.

    Even local police personnel are well educated on why you are looking for police certificate and its value. Also if it is related to US Immigration, most of them have instructions on what to do.

    So please be prepared to face it. If you end up doing what you have asked for, it will not be that much cheap.

    A coffee in a Level 3 city costs Rs.25, A lunch costs Rs.60- Rs.100. Do you think a PCC can be obtained for Rs.100 - Rs.200 targeted towards US Immigration?

    You will be surprised to see yourself counting every $ spending in India. Thats the reality now.

    Basic Rule: Be patient on any treatment you receive if you want to get your job done. At this short time, do not send passport in mail/fedex/ups/usps to any place. Even if it is expensive, travel.

    Good luck.



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  • grupak
    08-15 01:50 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.





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  • RLNY122004
    06-15 04:25 PM
    I won't .
    Congrats RLNY122004! Dont forget IV!



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  • blackberry
    07-30 01:59 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB





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  • days_go_by
    05-25 10:57 PM
    and everyone else involved.



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  • amdn123
    11-08 11:38 AM
    Hi everyone,
    I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
    Thanks!!





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  • mnkaushik
    04-13 03:23 PM
    Last weekend while chit chatting with my Indian neighbor, he told me that some of people he knows of got GC with their PD not being current. He said that his very good friend, who has a PD of 2005 for EB3, just got his GC. I kind of mentioned that may he applied for EB2 and did porting. But he was firm and said no his friend did not do it. He also went on to mention that his friend got a RFE and then once he responded to the RFE, he immediately got GC.

    I know, for now this whole thing from my standpoint is hearsay. But I just would like to know if any of you have come across such cases. Just want to get an understanding of how much of this occurs. I am guessing it is a very small number.



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  • kumar1
    07-11 11:30 AM
    Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer. When PERM came in the picture...everyone was so exited.... Fact of the matter is it does not matter if you get labor certification in 2 days and I-140 in 3 days. There are only 140,000 EB visas available. All we are doing here is making the line longer. One thing that has changed is.. every Tom Dick and Harry has an approved labor through PERM so they can extend their H1-B for ever technically. Earlier, when getting a lobor certification was time consuming, getting H1-B extended beyond 6 years are a real pain@neck. my 2 cents....





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  • shukla77
    07-23 10:22 AM
    I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.



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  • GCDelay
    11-30 11:39 AM
    xxx





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  • rayoflight
    09-24 01:40 PM
    ... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.

    Cheers,
    Rayoflight



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  • fromnaija
    07-23 02:38 PM
    I remember reading somewhere on USCIS website and this forum that FP taken in late 2007 (probably for all July 2007 filers) will last for the duration of AOS application...

    This must be for bad FP or for missing FP for self or any family member...


    I posted the following at another forum on this topic:


    USCIS is developing the Biometrics Storage System (BSS) w hich will allow the re-use of fingerprints and, if an application or petition has not been adjudicated within the fifteen month validity period, USCIS will be able to simply re-submit the stored fingerprints to the FBI, without any involvement of the applicant or petitioner. See 72 FR 17172 (Apr. 6, 2007) (establishing a new system of records).

    It is from this link:
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52


    Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.



    DATES: The established system of
    records will be effective May 7, 2007
    unless comments are received that
    result in a contrary determination.

    This is from FR 17172 which you can find at:
    http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172





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  • LookingForGC
    01-14 06:33 PM
    Congratulation. Enjoy your freedom.



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  • sgorla
    06-05 06:36 PM
    I remember reading in the I-765 instructions that EAD card application should be sent to the service center where I-485 application is pending. So, in your case it could be TSC. If you file your EAD online, the system automatically generates the service center address where your supporting documents need to be sent.

    Can someone please respond to my question. Thanks.





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  • induk
    03-20 03:13 AM
    if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.





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  • gcseeker28
    07-27 04:24 PM
    That was a huge sigh of relief. Thanks and I really appreciate your answers.
    Hopefully, I'll get my EAD (PD is April 2007 on EB2) before they respond back with MTR response.





    dassumi
    12-23 03:00 PM
    You can use your AP with no issues. That's the exact intent of that document.


    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,





    glus
    05-31 09:10 AM
    Thank you for contributing!!!!

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