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  • shishya
    11-16 11:43 PM
    Folks,
    Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.

    I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.

    I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.

    PLEASE advise.

    Thanks!




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  • raysaikat
    07-08 10:39 PM
    but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.

    Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.




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  • wait4ever
    11-12 12:01 PM
    Hi California members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    CAn you tell me the logic of posting multiple threads with this subject - wont just bumping the thread give you the same effect - this is really irritating




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  • Ann Ruben
    04-16 09:15 AM
    Unfortunately the rules of the PERM process are pretty rigid. It is unlikely that you would succeed in getting the denial reversed and the appeal process could take a year or more. Unless you are beyond your 5th year of H-1 status, your best course is to start the process again.



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  • md2003
    08-28 09:08 AM
    I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.

    Thx




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  • manishs7
    06-15 04:00 PM
    Mine was 4 dyas.. June 1'st week 2007.
    Nebraska Service Center



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  • 485_spouse
    06-07 01:09 PM
    Ignore my question, found answer on following link
    USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Helpful Hints
    Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.


    Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.


    Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
    - If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.




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  • smuggymba
    10-05 08:23 PM
    a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.



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  • mjdup
    07-26 11:34 AM
    One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,




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  • kevinkris
    06-24 08:40 PM
    I am in same boat..
    Donno what to do..

    But after all my research, it's better to work with that employer A for say 1 or 2 years or if possible until you get GC for sometime and then move..

    Since the PD is Mar 2005, hopefully you will get with in a year or year and half..

    Good luck..

    Other possibility is use EAD to work with Company A and also do part-time but you will loose H1 status.. which is scary..

    Hi

    my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
    I am still working with my old company B .
    My question is Am i eligible to change company C
    without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
    Thanks,
    David



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  • SandeR2
    03-25 03:16 AM
    really good expression on the face!




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  • Carol
    03-09 01:00 PM
    I need to file for my tax refund now, but my employer is not sending me my W-2.

    I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
    When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
    I do not really understand how this works. Is her explanation reasonable?

    What shall i do for my tax refund now?



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  • cr52401
    03-02 09:29 PM
    It really help if you are close to end of the time. I got it in 2 weeks.




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  • sanjay02
    03-13 07:46 PM
    Dude
    For you to file I-485 the dates must be current, yes you can file for I-485 yourself.



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  • lance21broke
    10-14 01:37 AM
    How could this happen? This is very unfair. So how do want to deal with it?




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  • desanar
    04-05 08:49 AM
    Please share as much information as you can so it will also help views of this forum.

    Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.



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  • number30
    03-26 04:58 PM
    I have got my EAD, and my application was filed in EB3, 2005 in perm.
    With the kind of speed USCIS is working with, I fear I would never get my GC.

    Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
    I have read that for family based applications they regard the priority date as date of filing I-130.
    If I do so, will my current process be wiped off ?
    what are the repurcussions.
    Please advice.

    It does not wipe out any thing. But PD for Brother/Sister of Citizens ( 4th Category) is 04/15/1998. EB3 is better then that. Just apply I-130 in case.




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  • skd
    08-21 05:59 PM
    Today TSC processed only 863 cases:
    src0725250000 - src0725250863
    :confused:

    No they are upto src0725251299




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  • cilantro
    09-28 05:16 PM
    My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
    What can I do in this situation? Please advise.




    shishya
    11-30 05:52 PM
    Folks,
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!
    -Shishya




    cygent
    02-01 04:53 PM
    Hi Terpac,

    Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
    Which center filed NSC or TSC?

    Please consult your attorney, or also try www.thedegreepeople.com

    Do post/update your situation here to help the rest of us.

    Thank You!



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