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  • amitkhare77
    10-08 10:38 AM
    If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...




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  • BharatPremi
    04-16 04:34 PM
    What is an "MTR"?




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  • Desertfox
    04-28 12:59 PM
    Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?

    You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.

    You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.




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  • st4rguitar
    04-06 01:39 PM
    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.


    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you



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  • whitecollarslave
    04-17 05:53 PM
    Interesting case posted by lazycis. This is a good example.

    I haven't read all of it but I gather that it is important to keep evidence of the fact that you were working and not fired or laid off during this so called "bench time". Keep proper documentation during this time. Keep records of emails, travel, internal projects, timesheets, partial pay, anything that you can use to show your continued employment. Don't give the the employer a chance to claim that you were not employed or on leave of absence during that time.




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  • howzatt
    08-21 12:05 PM
    bumping up??

    Sanojkumar,

    Please stop spamming all threads with this question. Please search at the very least wait for a reasonable amount of time to bump it.



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  • ksairi
    08-16 02:38 PM
    Please advice




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  • Blog Feeds
    08-20 02:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

    Answer #1
    Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


    Question #2 � Employment Based Immigration � Green Card
    We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

    Answer #2
    If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

    Answer #3
    The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.


    Question #4 � Employment Based Immigration � Green Card
    I just received my Green Card, what do I do now?

    Answer #4
    USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.


    Question #5 � General � Social Security Card
    How and when can I get a Social Security Card?

    Answer #5
    Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.


    Question #6 � Employment Based Immigration - Green Card
    My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

    Answer #6
    If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.


    Question #7 � Employment Based Immigration � Labor Certification
    What is the difference between the old process for obtaining labor certification and the new PERM process?

    Answer #7
    In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.


    Question #8 � Employment Based Immigration - Green Card
    The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

    Answer #8
    If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.


    Question #9 � Employment Based Immigration � Green Card
    My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

    Answer #9
    Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    How many H1 nonimmigrant visas are left?

    Answer #10
    As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)



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  • ivy55
    08-19 09:52 AM
    I got my first FP on July 31 2008- code 2 after waiting one year. Then on Aug 16, I got another FP for Code 1. no LUD yet
    Thanks




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  • looneytunezez
    03-12 05:03 PM
    Congrats...... :)



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  • krishmunn
    05-05 07:52 PM
    Soltan

    I am assuming you never filed your 485 with old company .

    In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.

    But you cannot directly use the old 140 for filing a new 485




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  • hkusumadi
    03-27 01:45 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.
    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?



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  • saurav_4096
    06-16 10:00 PM
    How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.


    Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.



    Gurus, if someone knows such please reply.

    Thanks
    Saurav




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  • dionysus
    01-21 05:18 AM
    Are you starting this rumor fresh, or are you passing on a third party rumor?
    :)

    rumour say retrogression may lift on march 2009, is it true????



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  • ricky26
    03-30 11:33 PM
    Congratulations !!!!! Take a deeeeep breath and relax.




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  • map_boiler
    04-26 05:45 PM
    The company HR or lawyer/paralegal should be able to login to the DOL website and check the case status. Since the case is pending for more than 6 months, you could have your lawyer submit an inquiry through AILA.



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  • acecupid
    06-26 10:01 AM
    I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;

    I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.

    Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!

    Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!

    Thanks in advance !!!!!

    My dear friend from Pakistan,

    why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
    ================================================== ====
    I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:

    1. I am a citizen of <country>
    2. I am the father of <your name>
    3. I was born on <birthdate> in <location>
    4. I was living in <your birth place> in <month and year of your birth>
    5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.

    I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.




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  • thescadaman
    07-26 08:40 PM
    I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..

    For everyones else benefit...

    for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

    link
    http://www.immigration.com/fromtheagency/nsc112006.html




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  • danu2007
    07-22 05:26 PM
    Rated..




    sam_hoosier
    05-22 11:23 AM
    plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
    ;)

    People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)




    Suva
    10-02 02:25 PM
    What was the reason behind the RFE?

    I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
    here is the case history.
    LC-Feb-2005.
    I-140 filled march 2007
    I-485/EAD filled July-2007
    EAD approved/EAD card arrived 15 Sep 2007
    I-140 RFE August 2007(A2P)
    I-140 denied 27th Sep 2007.
    my question is,
    what are the options do I have?
    my employer is talking about appeal.
    since the original I-140 is denied will the 485/EAD will get cancelled too?
    is there any way to port the LC date?
    what are the chances of appeal/approval?
    employer is in good standing(financially).
    any suggestions,input will be highly appreciated.
    thanks



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