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  • cableching
    07-16 01:15 PM
    Hello,

    I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.

    Thank you

    I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
    Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
    This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.

    Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????





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  • gbof
    01-10 05:45 PM
    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.

    THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS

    Relax and just wait for the mail. Only Last Action Taken is valid.





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  • knnmbd
    04-28 02:45 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.

    I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.





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  • immigrationvoice25
    01-24 12:26 PM
    Sudha -
    I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.

    You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members

    http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html


    Best of luck!



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  • satyachowdary
    06-01 12:10 PM
    My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.

    In the subject line, put : I-485 Multiple I-140s

    Body of the email :

    Dear Sir/Madam
    I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
    Please contact me if you need any other information.

    My case receipt numbers:
    EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
    EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
    I-485: Receipt# SRCXXXXXXXXXX

    Primary details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Spouse Details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Thanking you

    Sincerely,
    Name
    Address
    Ph No :
    Email :





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  • seekinggc
    07-16 04:59 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....



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  • rvr_jcop
    02-17 12:34 AM
    Hi,

    I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.

    If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
    Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.

    Thanks for your advice !

    Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.





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  • addsf345
    01-01 02:11 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree

    Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

    My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.



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  • anilsal
    11-07 09:27 PM
    http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252

    IL Meet and Greet.





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  • life99f
    05-25 09:23 AM
    Sorry, I read the one in Washington post and I DONT think it is against us. It points out some US people don't like legal immigrate but it also shows why US companies need foreign high-skilled workers.



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  • GCBy3000
    04-26 05:13 PM
    http://survey10i.pollingpoint.com/vpnvsMtPR1vMJv





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  • makemygc
    06-12 07:38 PM
    See my response below:-

    My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

    1) Can I change the employer after I get my 3 year extension on H1 ?
    Yes

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
    Yes

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
    Yes

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
    Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.

    I really appreciate your valuable inputs and help me out.
    Thanks a lot!



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  • marmoren
    07-24 11:52 AM
    I am in Indianapolis. Also, let me know of meetings or initiatives in Indiana. I am willing to participate. This wait has been the longest of all.





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  • gc28262
    07-30 12:36 PM
    Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.

    Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.

    Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.



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  • wandmaker
    07-19 04:01 AM
    Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.

    The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.

    Thanks MP70

    Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.





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  • Alabaman
    08-21 10:44 AM
    Contact them for what?



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  • srgadi
    06-30 12:46 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.





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  • pmpforgc
    12-11 08:53 PM
    Can some one reply my following questions about Advance parole

    Hi

    I am trying to file Paper based Advance Parole ( I-131) for me and my family.

    I have few questions regarding process and forms. Appriciate your hlep with those.

    (1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.

    On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?

    (2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?

    (3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.

    Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?

    (4) For my sons ( 15 yrs age) can I sign as a person preparing form?
    thanks for your help with AP application.

    (5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)





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  • julsun
    01-03 12:55 PM
    From what you say do you mean your wife now has no current visa status?
    If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

    If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

    Yes she not current visa status :-( Thats why I am worried about her travel plan.





    srinu
    11-07 10:12 AM
    That's true.

    Even if many attorneys are listed at one place and there is a provision to provide feedback for each of them, I don't see any feedback.

    Looks like most people want others to help them but don't want to help others.





    jq45
    06-15 10:49 AM
    I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.

    The representative I talked to checked with her supervisor, and her response was the following:

    - The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).

    In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.

    Thank you to everyone for their quick responses!



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