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  • avi101
    04-12 04:41 PM
    I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.

    An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.

    Source:
    http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

    From above Source:
    ---------------------
    DATES: Interested persons are invited to submit written comments on the
    proposed rule on or before April 14, 2006.

    ADDRESSES: You may submit comments, identified by Regulatory
    Information Number (RIN) 1205-AB42, by any of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov.

    Follow the Web site instructions for submitting comments.
    E-mail: Comments may be submitted by e-mail to
    fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
    the message.




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  • andycool
    04-07 01:47 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.

    I think basically it talks about - Same Labor Being Used Twice or more :rolleyes:


    Correct me if i am wrong .




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  • arihant
    10-26 09:37 AM
    I am not referring to the receipt notice. I am talking about the actual approval notice. I need to know this so that I can plan for Visa appointments.




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  • texanguy
    06-10 12:40 PM
    i think you are missing the point. this will put things in perspective, that current stupid and archaic practice of giving 1 year AP to India and China EB folks is outdated and that current delays are more to the tune of 10 + years. This will create awareness!!!

    I support this !

    I do not support this.

    one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.

    also, it will mellow down our resolve to overcome this injustice.
    money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.



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  • krishnam70
    11-20 03:44 PM
    Hi friends ,
    Im planing to travell on AP in december .I have my H1 approved till 2010.
    I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
    2-what documents i need to have with me when comming back on AP ?
    Thanks for any inputs .

    Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
    - Letter of employment
    - ead copy
    - 485 receipt letter
    - bank statement 1-2 cycles
    - i-140 copy
    - l/c copy
    - passports :)

    good luck
    kris




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  • vik352
    12-03 01:51 PM
    Anyone?



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  • vikramy
    08-17 10:16 AM
    I recently transferred my license week back. I just showed my EAD. He cheked online and gave license based on that. At the end he took 485 photo copy.

    This is at Dublin DMV.

    Hi Guys,

    I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.

    Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.

    Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.

    Thanks.




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  • Siddharta
    09-26 12:02 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks



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  • gcnirvana
    04-27 06:39 PM
    In my opinion, looks like another placeholder bill just before CIR.




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  • vaishnavilakshmi
    11-13 09:08 PM
    Hi Guys,


    I verified my 485 Application status online and this is what I found can you guys tel what could this mean.

    My I140 is not approved yet.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.


    Hi,
    As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!

    Anyway wish u goodluck,
    Please update ur post when u recieve the document mailed by USCIS,
    thanks,
    lakshmi



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  • Juan28210
    11-06 11:48 AM
    Thanks FinalGC!

    Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.




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  • freeskier89
    03-02 10:17 AM
    Just out of curiousity, does traditional painting qualify?



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  • krishna_brc
    09-17 09:38 PM
    Hi,

    I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D

    If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.

    This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.

    Thanks,
    Krishna




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  • kumar1
    12-08 12:16 PM
    Do not come to software if you do not have a interest in it. This field has its own set of stress and problems. I know people who moved from manufacturing to software because of (a.) good money and (b) chance to see USA/Europe. They are the most frustrated guys around. After 2-3 rounds of lay off, they want to go back to their old job but after 5-6 years, they are not fit for their old job either.

    Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.



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  • chandrajp
    06-25 09:38 AM
    As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.

    I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
    I read in Sheila Murthy web site that she herself knows a case wherein the applicant sent the I485 application just a day before and his/her application got rejected and was penalized in such a way that his application was accepted only a year later.




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  • abhijitp
    08-22 03:10 PM
    I know some of you will be attending the Rally in DC on Sep 18th.

    But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.

    This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like

    West Coast (Bay area )
    Midwest (Chicago)
    Texas (one of the major cities - Dallas, Austin or Houston)

    Think of all the local media attention this gets & also the ripple effect into national media.

    Any thoughts ??

    If you are anyways planning to rally, you will need a day off, so why not spend it in DC? I strongly agree with Paskal in that small rallies would dilute the impact of the DC rally!

    If you can take a day off, please attend the DC rally. Go here and tell us how we can help you with logistics.
    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks



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  • perm2gc
    08-26 01:19 AM
    Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
    Now get the hell out of here.well said dude




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  • abhijitp
    01-27 11:47 AM
    ^^




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  • chanduv23
    12-15 11:40 AM
    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,

    As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.




    snthampi
    08-16 02:24 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth

    As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.




    raysaikat
    04-21 11:27 PM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    b. Then what happens after May 2011?
    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    What is your country of birth (not citizenship)?



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