beautifulMind
01-04 02:12 AM
I am involved myself in a mess regardning the Green Card labor process
1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)
2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.
3) Just last week I got a denial letter from DOL stating the reason
"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"
also the letter said
The job requirements did not exactly match the earlier case and hence priority date cannot be maintained
This denial also caused the automatic withdrawal of my earlier backlog case.
4) The priority date was very impt to me since I applied in EB3 and from India.
Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again
I am very anxious please help!!
1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)
2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.
3) Just last week I got a denial letter from DOL stating the reason
"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"
also the letter said
The job requirements did not exactly match the earlier case and hence priority date cannot be maintained
This denial also caused the automatic withdrawal of my earlier backlog case.
4) The priority date was very impt to me since I applied in EB3 and from India.
Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again
I am very anxious please help!!
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Dakota Newfie
08-12 10:44 PM
If you look closely at June 2008's VB, you'll find the following statement:
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
In other words, the PD for EB3 ROW will (or should) be back to March 1, 2006 in October??? So very close for you!
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
In other words, the PD for EB3 ROW will (or should) be back to March 1, 2006 in October??? So very close for you!
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
immigrationvoice1
01-22 07:32 AM
...it makes sense totally...
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reddytkv
08-27 01:54 PM
It will be great if any IV Guru can shed some light.
I am currently on EAD working to company B after invoking AC21 for past 1 year. Thinking of starting GC processing with current company.
So I asked my old company A to give me a copy of my approved I-140. He sent me a courtesy copy. Since i read in forums that copy of the original not courtesy is required, I sent a mail to Lawyer CC'ing my old company and I got a reply from the lawyer that he did not pay the lawyer fee. OfCourse like any desi company my old company collected lawyer fee from me. I am sure he will not pay it and already he stuck me in EB3 after promising EB2. SO I am pondering on my options.
Does any one know if I can use the courtesy copy of I-140 to proceed with my new GC process?
I read from one other forum I can use FOIA(Freedom of Information Act) and get a copy of I-140, but it will take minimum of 8 months.
I am currently on EAD working to company B after invoking AC21 for past 1 year. Thinking of starting GC processing with current company.
So I asked my old company A to give me a copy of my approved I-140. He sent me a courtesy copy. Since i read in forums that copy of the original not courtesy is required, I sent a mail to Lawyer CC'ing my old company and I got a reply from the lawyer that he did not pay the lawyer fee. OfCourse like any desi company my old company collected lawyer fee from me. I am sure he will not pay it and already he stuck me in EB3 after promising EB2. SO I am pondering on my options.
Does any one know if I can use the courtesy copy of I-140 to proceed with my new GC process?
I read from one other forum I can use FOIA(Freedom of Information Act) and get a copy of I-140, but it will take minimum of 8 months.
more...
masala dosa
01-13 12:42 PM
I have EAD that is valid till Dec 2007, but I will be on leave of absence overseas from mid Feb to October , 2007. ( my Travel parole also expires in Dec 07)
My I-485 is pending with PD Jul 2002 ( EB3 india)
Will this time off destroy my Green Card application?
( does the EAD lose its validity if I stay overseas for >6 months and will this impact my GC process?)
My I-485 is pending with PD Jul 2002 ( EB3 india)
Will this time off destroy my Green Card application?
( does the EAD lose its validity if I stay overseas for >6 months and will this impact my GC process?)
anu_t
06-16 04:45 PM
so many times people have already answered this question.
Even if you google it you will find the answer.
Even if you google it you will find the answer.
more...
pappu
04-05 10:06 PM
Good job. Thanks. Pls check your PM.
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AllVNeedGcPc
09-23 08:56 PM
...that you submitted and it has a column where you were supposed to fill in the job code. Also, you would have attached a copy of your approved labor to support the application and job category.
more...
theflash
03-31 06:46 AM
no I dont think so :P
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ajay
11-30 10:03 PM
Why don't you go and get the visa stamped in chennai consulate or wherever it is applicable to you.
If you have an AP you don't have to worry about anything since you can use it when you come back.
If you have an AP you don't have to worry about anything since you can use it when you come back.
more...
redgreen
11-28 05:59 PM
that is right. NIW - exceptional ability
So what are the details for this category.
By the way, where are the details on eb2 physician application procedure given in USCIS website? USCIS website mentions it and says, "Read more about this particular program", but there are no links to it. I searched and couldn't find anything related to that.
i'm presuming you are not talking about a physician NIW but and exceptional ability category?
So what are the details for this category.
By the way, where are the details on eb2 physician application procedure given in USCIS website? USCIS website mentions it and says, "Read more about this particular program", but there are no links to it. I searched and couldn't find anything related to that.
i'm presuming you are not talking about a physician NIW but and exceptional ability category?
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maverick_joe
05-12 01:14 PM
anybody?
Has anyone renewed their license with success in VA while the H1 extension is pending? Does a letter from the company attorney along with the H1 extension receipt help?
Has anyone renewed their license with success in VA while the H1 extension is pending? Does a letter from the company attorney along with the H1 extension receipt help?
more...
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saikatmandal
02-11 02:06 PM
Hi,
I saw a soft LUD on my (and spouse's) I-485 yesterday - 2/10/2009.
Just wanted to find out if others have seen the same in the last couple of days. I am Aug 2007 filer of I-485 when the window opened. EB3 India, PD - June 03.
Wondering if this is a sign of good news on the way !!
Thanks
I saw a soft LUD on my (and spouse's) I-485 yesterday - 2/10/2009.
Just wanted to find out if others have seen the same in the last couple of days. I am Aug 2007 filer of I-485 when the window opened. EB3 India, PD - June 03.
Wondering if this is a sign of good news on the way !!
Thanks
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desikaalabandar
05-21 09:55 AM
Yesterday I got this e-mail from USCIS:
-----------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
--------------------------------------------------------------------------
From what I read online, I am sure I will be called for an interview at my local USCIS office. But, my case has some issues and I was worried if that would create any problems
1. I was arrested for shop lifting in year 2000, which I have mentioned in I-485 application. It was a misdemeanor.
2. My LC application had salary mentioned of 85K, but my current job has salary of 75K
Do you guys think this could create a problem during the interview? I met my lawyer and he said the salary should not be an issue.
Do you suggest taking my lawyer to the interview?
Any help is appreciated.
Thanks.
-----------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
--------------------------------------------------------------------------
From what I read online, I am sure I will be called for an interview at my local USCIS office. But, my case has some issues and I was worried if that would create any problems
1. I was arrested for shop lifting in year 2000, which I have mentioned in I-485 application. It was a misdemeanor.
2. My LC application had salary mentioned of 85K, but my current job has salary of 75K
Do you guys think this could create a problem during the interview? I met my lawyer and he said the salary should not be an issue.
Do you suggest taking my lawyer to the interview?
Any help is appreciated.
Thanks.
more...
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nhfirefighter13
June 26th, 2004, 07:10 AM
Welcome to the site!
Nice shot. I like it.
Your english is fine, btw. :)
Nice shot. I like it.
Your english is fine, btw. :)
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rayoflight
05-28 02:16 PM
Dear DC/MD/VA Members:
We have come to a point where lot of friends would be joining us. I would encourage all of DC/MD/VA members to open their houses to host or support financially or donate miles or do anything that would minimize the expenses for our fellow friends and make them welcome.
More than that I would like to emphasize that we need to participate in large numbers volunteering and make this event a grand success.
@All IV Members:
If you need any assistance please pm me or reply to this thread and we will answer your questions to assist you best.
Cheers,
Rayoflight
We have come to a point where lot of friends would be joining us. I would encourage all of DC/MD/VA members to open their houses to host or support financially or donate miles or do anything that would minimize the expenses for our fellow friends and make them welcome.
More than that I would like to emphasize that we need to participate in large numbers volunteering and make this event a grand success.
@All IV Members:
If you need any assistance please pm me or reply to this thread and we will answer your questions to assist you best.
Cheers,
Rayoflight
more...
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gparr
May 20th, 2004, 03:13 PM
I must say it made me spend some time to figure out what it is. Initially I thought it was something square floating in a container of water or a pond. Then I studied it for 30 sec. or so and realized it's a waterfall. Then I found myself really studying it to grasp what you're showing. From the "does it catch your eye and hold you" perspective, it worked for me. From the "this is a beautiful shot that I have to print and hang on a wall, I'd probably vote no. But I am going to go back and look at it a second time because I'm intrigued.
Gary
Gary
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raj_ky
08-06 09:48 AM
In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".
My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.
Can I file another petition if this petition is rejected?
My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.
Can I file another petition if this petition is rejected?
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kriskris
10-25 02:23 PM
Thanks this is very helpful...How do you find the neareset USCIS office..
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC
Use the above link to find the nearest ASC.
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC
Use the above link to find the nearest ASC.
jliechty
January 3rd, 2005, 08:20 PM
That works, too. I like it. :)
waitforgc1
05-27 04:22 PM
Try during nights and early mornings you should find.....
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