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  • lost
    07-21 09:32 AM
    Hi,
    I got appointment letter for Biometrics from USCIS. I already gave in 2007.
    Why are they asking again? and I only got this, my husband and son didn't get it.

    Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.

    Thanks

    You are the primary applicant and not working? Is this ok?





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  • GCLONGWAIT
    09-16 04:53 PM
    Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:

    My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.

    After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.

    In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."

    The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.


    Looking at the above scenario, can you all please let me know:

    Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?

    OR

    Am are they surely going to revoke my old labor?

    Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.

    Thanx in Advance





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  • smohan
    07-15 03:04 AM
    Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.

    I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.

    In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.

    Thanks for your time guys.





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  • pscdk
    08-29 06:35 PM
    Hello Friends,

    My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).

    I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.

    Any suggestions or anyone in similar situation

    Thanks!

    I suggest you contact your lawyer to make sure it won't be a problem.
    Working on CPT is part of maintaining F1 visa status and your case is same as being on F1 visa while ones I-485 is filed.



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  • logiclife
    03-02 06:07 PM
    Go here and follow the steps and talk to lawmakers.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36

    Its under Volunteer under a document : Resources for "Meet the lawmaker".





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  • tnite
    01-03 10:31 AM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?

    Thanks

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.



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  • laksmi
    11-11 08:42 PM
    Before you come to know your dates are current, you will have 4-5 months to get the approved notice or more then that , during that time add your spouse name.

    Once it is 485 is approved, then you have to wait for a while until you get Green Card to add your wife.





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  • yabadaba
    04-22 01:17 PM
    It means you are on your way to Greenland very soon!
    Good luck
    no it doesnt....check on ..there are so many people getting consecutive luds...but then they dont get approvals. in the end it means that its a new lud. someone accessed your case and the lud was either because some accessed it or it was a system generated lud.

    i hope that eb2-june03-dude gets his green soon...but the lud doesnt mean anything



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  • nik.patelc
    04-08 01:08 PM
    How long it take (in terms day) to receive actual RFE mail notice after LUD status update online about RFE?





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  • jasmin45
    08-09 02:52 PM
    Those people who are all stuck in Labor certification.

    1. What are the options going forward if our labors are not certified?.
    2. What are the chances that BEC people are not able to meet their deadline (sep 30) in clearing LC?
    3. Is there a justice and truth in life? Or everything depends only on time and luck?.
    4. What if some of us get laid off.........our path ends?.
    5. Is there something GOOD waiting for all of us?.

    Waiting .......waiting...........waiting................wa iting sucks!.

    Dude! Several threads exist for BEC issues, why don't you post your question on one of those. It will be inconvenient for existing and new members who are looking for suggestions/ideas on issues to go over duplicate threads for same information. Please search the forum before you open a new thread.



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  • gc_check
    07-01 08:42 AM
    It is possible this can occur, but rare, A while back there was an article @ Murthy's website on this. They have to check with their Attorney to ensure there is no other issue in future. It depends on when the application was adjucated, whether prior to retrogression or not. The communication can be at a later date





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  • surabhi
    11-06 09:40 AM
    Anyone out there knows the answer?

    I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.

    YOu can get second H1 for part-time. Ensure that the hours are correctly represented. New h1B will not be against quota. Review the I-129 application form. You will realize under what circumstances will you come under quota.



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  • aadimanav
    08-06 03:50 PM
    I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?

    This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?





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  • Kapils573
    12-12 06:43 AM
    Hello everyone,
    My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
    My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.

    Guru's pls guide

    Thanks

    Kapil



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  • ca_immigrant
    04-28 08:00 PM
    These are so screwed up...

    Looks like they are heavily back logged.. (mabye cause the conslate did not accept PIO and OCI applications for almost a month)

    I sent in my daughter's OCI for miscelaneous service - move OCI sticker to new passport...

    sent it in March and its still not yet reached the consulate..
    when I applied the rules said they need a copy of old passport, they later changed the rules and are now saying you need to send orignal passport.
    I sent the orignal passport also to them and since then no update -:(

    Just impossible to reach them also...am on the phone since the last 2 hours -:( and still waiting...

    they do not reply to emails either.

    any one else here having trouble with them ?

    Regards,





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  • sandy74us
    06-22 07:30 PM
    Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.



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  • jonty_11
    07-24 05:20 PM
    I am not sure if Attorney is allowed to sign on place where it says : "APPLICANT"

    u may have to give written permission/Notarized for that...

    By signing Form G28, u are only authorizing the attorney to represent u in this case...not sign for u.





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  • anilsal
    03-13 10:59 PM
    that is available to applicants in research (such as doctoral students).

    Murthy.com has information here:
    MurthyDotCom : Employment-Based Immigration (http://murthy.com/eb1opr.html)

    Additionally, you can always apply in EB1 Extraordinary Ability if you have outstanding qualifications (almost matching that of a Nobel Prize Winner or you are the top of your industry).

    EB1-EA tips (http://bit.ly/dophyK) (<= Look here for tips)

    Just a mere Doctoral degree does not get you qualified for EB1. You need the publications as well as recommendation letters from industry experts. :)





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  • greencard_fever
    07-31 05:38 PM
    Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.

    Please post ur approvals, LUDs, audits starting Aug 1.

    Good luck to all.

    Thanks

    There is a Thread already opened by VDLRAO we can use that to honour him for his predictions and analysis on the visa number availability and EB -visas movement.





    agiridhar
    05-14 06:36 PM
    Got it !! was thinking uscis is an independent entitiy outside government, but it is not, is what it is ?

    still curious, what are those "someother" laws ?


    Any how, and with today's visa bulliten nobody would be intrested in this lawsuit thot.... anyways congratulations to all those who have crossed this milestone





    svrao2001
    10-08 10:19 AM
    Hi,

    They will allow you 30 minutes before your schedule appointment time.
    There is a lot of parking space before the office.FP may take around 30 minutes.