anu_t
07-24 01:19 PM
If one has a copy of 140 but it has been revoked (no fraud) , when applied for porting how does USCIS finds out the cause of revoking 140? Does USCIS has some kind of data regarding that?
Like what if the labour has been substituted? How one will get this information?
Like what if the labour has been substituted? How one will get this information?
wallpaper Lil Kim VS. Nicki Minaj
abhishek101
05-17 05:50 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
alanoconnor
04-10 07:29 PM
http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
2011 Lil Kim vs. Nicki Minaj…
UKannan
01-18 03:50 PM
Chances for an audit are 95%:(
How u know that the chances are 95%? Why can't it be 5%? :D
How u know that the chances are 95%? Why can't it be 5%? :D
more...
dan19
06-28 01:01 PM
Some relief for both legal immigrants and opponents of the bill.
arthsidhu
08-31 11:07 AM
I completely agree with MDM101. This forum is for Immigration issues not about finding a job. Legal immigrants from all over the world visit this website to find info on immigration. By highlighting the word desi companies, desi immigrants or desi ***** all you are doing is alienating immigrants.
If you need help finding a job visit monter.com or dice.com .
If you need help finding a job visit monter.com or dice.com .
more...
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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madan
01-09 07:40 PM
Can some body help with the below Questions?
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
more...
anilkumar0902
11-01 12:05 AM
PVGanesh,
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
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smiledoc
02-27 06:28 PM
Hi friends,
We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
Anyone in same situation pls lemme know.
Thanks!
We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
Anyone in same situation pls lemme know.
Thanks!
more...
lecter
August 2nd, 2005, 11:43 PM
Mats is on the money for sure. A 350D or a D70s (or D50) with a kit lens will make your millenia.
I bought a 20D as a backup, knock about camera for Africa. It's a good wee beast. But not in your budget range. But it's the obvious next step.
We can hardly wait for the ** which is ##MP and ##fps.
hehe
Rob
I bought a 20D as a backup, knock about camera for Africa. It's a good wee beast. But not in your budget range. But it's the obvious next step.
We can hardly wait for the ** which is ##MP and ##fps.
hehe
Rob
hot nicki minaj lil kim picture.
DareYouFireMe
02-19 12:29 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
more...
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number30
02-23 08:50 PM
Employement history is on G-325. It is only for last 5 years. If it was before 5 years there is good chance that you need not answer that question. I-485 does not require your Tax returns. You can do that with your W2 forms.
What was length of the work?
What was length of the work?
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diptam
06-26 02:13 PM
Is that what you meant ?
If yes - then i try doing that every time i go for H1B stamping... Talking as if you a temp worker going to US for helping with some extra work ...
That gives the consular officer a comfort feeling probably !
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
If yes - then i try doing that every time i go for H1B stamping... Talking as if you a temp worker going to US for helping with some extra work ...
That gives the consular officer a comfort feeling probably !
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
more...
pictures so popular Nicki Minaj has
anilsal
12-20 09:47 AM
Stephen Colbert on comedy central has turned out to be one of the most influential persons in the media. Along with Jon Stewart, Stephen is supposed to be one of the influencers of young minds for the last congressional elections.
I am not sure if he has really taken any stance on legal immigration. I am confident that it is favorable.
A question is whether IV has really approached Stephen. Lately, I saw Jack Welch on the show. Apparently, every congressmen who appeared on Colbert's show has won the last election.
Here is a thread on comedy central I started on this.
http://www.comedycentral.com/shows/the_colbert_report/message_board.jhtml?c=v&t=3456
I am damn sure that a lot of law makers (or their staff) enjoy Stephen's antics.
I am not sure if he has really taken any stance on legal immigration. I am confident that it is favorable.
A question is whether IV has really approached Stephen. Lately, I saw Jack Welch on the show. Apparently, every congressmen who appeared on Colbert's show has won the last election.
Here is a thread on comedy central I started on this.
http://www.comedycentral.com/shows/the_colbert_report/message_board.jhtml?c=v&t=3456
I am damn sure that a lot of law makers (or their staff) enjoy Stephen's antics.
dresses Nicki Minaj vs Lil Kim - Nock
little_willy
08-05 11:37 PM
Me and my wife along with our 1 year old will be there to show our support.
more...
makeup Lil#39; Kim – Black Friday (Niki
diptam
06-23 01:01 AM
Suppose we use OverNight Express USPS mail ... I was wondering
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
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gc140
10-23 10:58 AM
Thanks a lot Ragunath. You saved my $1150. Sheila was asking $1150 for processing.
If you don�t mind will you please share your case?
How did you proceed further after denial?
Thanks again.
If you don�t mind will you please share your case?
How did you proceed further after denial?
Thanks again.
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abracadabra
07-15 03:41 PM
I have the same question. If somebody knows please let us know
I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
shana04
05-18 05:41 PM
did you receive one rfe for both cases or one each for each case?
two seperate RFE one for each
two seperate RFE one for each
jliechty
June 17th, 2006, 08:17 PM
Great photos, Antonio. It's hard for me to pick a favorite. :cool:
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