mercredi 8 juin 2011

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  • gc_bulgaria
    10-09 04:18 PM
    http://www.immigration-law.com/

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication


    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."

    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.

    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.

    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.

    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.




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  • schandra
    11-24 04:50 PM
    Same here too
    Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
    And to make it worse, no time left in H1 either, as I have been here since 2001.

    Is there any alternative to this?
    As in, can we apply for another I-140 while the appeal is still going on?

    I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.

    http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf

    Is there nothing we can do to tackle this situation?
    I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.

    Thanks
    Subbu




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  • tikka
    05-31 04:58 PM
    Now is the time to take action.


    Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
    we need $ for lobbying.

    Thank you




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  • sparuthi
    08-07 09:08 PM
    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth



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  • PD_Dec2002
    08-08 07:53 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

    You can go to school again though it might not be practical. Or go back to your country and ask the employer to sponsor your H-1B so you can reenter in October 2008.

    Also, check with other lawyers.

    Thanks,
    Jayant




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  • leo2606
    11-21 05:51 PM
    Fee : $305.00

    Applied on line, printed the form.

    Attached the following and sent them to USCIS
    1) 485 - copy.
    2) Old APs 2 - Copies.
    3) Cover letter explaining that I need to visit my parents as they are old.
    4) DL - Copy.
    5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)

    I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.



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  • seaskimmer
    11-06 09:16 AM
    Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM

    Delta also fly BOM-JFK non-stop, the aircraft is a B 777 (same as the one Continental use on their BOM-EWR route)... quite comfortable.




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  • mahujam
    09-26 12:31 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    My date was june 19th.
    I got approval emails yesterday.
    Yet to see the card.
    Give it a few more days.



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  • pbuckeye
    08-04 08:16 AM
    While the thread was started on a light note, I think this is a serious topic.
    .
    .
    .

    And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.

    Completely agree with your message that - prefer unprocessed food and do everything in moderation.

    However, are you suggesting blue label is healthier than a cheaper whiskey, its funny.

    And - although I agree that some traditional breakfast items could be low on fats/calories .. some of them are not (aalu paratha, pakoda etc), so cereal/oatmeal or egg white is an alternative.




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  • ski_dude12
    03-22 11:50 AM
    What about your previous H4 visa. Is that valid? or did they void that visa when they refused the new one. Or your previous H4 has expired?

    If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.

    Good luck and do not get scared. It is not the end of the world.



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  • satishku_2000
    06-15 11:08 PM
    Dude i think you have WAYYYY overestimated the processing times!!

    I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

    The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

    If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

    This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

    "Glad to hear.

    but.... correct me if I'm wrong but that doesn't really mean anything does it?
    doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

    I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
    any benefit or anything?"

    Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

    "well that's cool then. :-)
    glad to hear.


    So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
    :-)
    Just wondering if you'll have any sanity left by the end of that time.
    "




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  • reachinus
    07-16 06:53 PM
    Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.

    Hi There,

    If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
    So u say that people on H1 should not have wife and children????

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
    You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.


    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
    H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.


    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
    What do you mean by that???



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  • MahaBharatGC
    09-09 06:22 AM
    I believe it is safer to wait for AP to come through. Other option would be to file for H4 however you must have H1B for that I believe. It is always safer to file for H1B and H4 in parallel with EAD/AP as per my lawyer to be useful in these type of circumstances.




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  • dealsnet
    11-12 01:18 PM
    Usually I didn't recomond any one. But for cheaper option this is the man.
    If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...

    He is the cheapest and good attorney known.
    H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
    No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
    HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
    He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
    So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
    Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)

    Telephone: 516-308-3670
    Fax: 516-308-3669
    http://www.immigration-counselor.builderspot.com
    immigrationcounselorlaw.com



    email.
    immigration_counselor@yahoo.com



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  • chanduv23
    03-09 02:40 PM
    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.

    As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward




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  • crystal
    09-14 03:43 PM
    i understood that. I was just kidding :Di meant the quality was like, that perhaps my computer is messing it up



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  • smuggymba
    03-07 09:40 AM
    I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.

    My question is whether I can retain my PD with an approved I-140:

    1.) If the employer hasn't taken any decision to cancel I-140.

    2.) If the employer writes to USCIS about cancelling I-140.

    Thanks.




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  • waitforgc1
    05-07 11:39 AM
    Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
    I think based on the information on other threads its usually normal nothing
    can be derived of that LUD.




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  • shirish
    10-15 03:49 PM
    Thankx for the info.

    Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.




    akred
    03-26 12:45 AM
    My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.




    supers789
    07-15 12:12 AM
    When PERM was applied.


    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.



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