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  • 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.





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  • ksrk
    08-15 02:13 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks

    1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.

    2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.





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  • anilsal
    08-05 03:24 PM
    Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.





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  • sunny02
    08-18 02:34 PM
    Thanks for the reponse imm_pro and kopra.

    Hi Kopra,

    My wife will be returing beack from india in mid october :(...



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  • jasonalbany
    03-17 07:56 AM
    I am really excited to hear finally we got $60K to continue our approach to urge immigration reform. That is really great! And I already asked my employer to send letter to NYS Senator Charles Schumer and Hillary Clinton to support comprehensive immigration reform. We invited them to talk with us at their convenient time. Guys, keep hard work. That's our life and we must succeed in this immigration reform.





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  • bindoke
    11-03 03:51 PM
    from http://www.cgihouston.org/OverseasCitizenship.html

    [Minors (below 18 years) whose both parents are Indian citizens are not eligible for registration as Overseas Citizens of India. They are, however, eligible to apply for PIO Card]


    regards



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  • gc4me
    02-10 03:04 PM
    I have an EB3 LC/I-140 (2003 PD) approved from company X, now if I join company Y and file a new LC in EB2, can I retain my old PD?
    Anybody has above experience, please share. Appreciate your responses.

    I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
    Thanks





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  • ghost
    06-20 03:20 PM
    AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)

    GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?

    The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.



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  • sat2010
    03-05 11:23 AM
    Congratulations All , good to know that eb3 to eb2 case is going through.

    what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

    Thanks in Advance .





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  • pmpforgc
    10-31 02:49 PM
    Hi


    My sch-A appln. I-140 was approved on Oct-30.
    I also got LUDs on I-485s of me and my family on Oct-31.

    Does that suggest anything or it is just routine update after I-140 apporval?

    Your experienced input will help.



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  • TeddyKoochu
    01-06 08:43 AM
    All depends on spillover; it’s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.





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  • sunofeast_gc
    05-21 06:59 PM
    do we need to print I-134 back to back just like DS-156 or it's okay to have I-134 in two pages.



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  • gcgonewild
    03-10 03:24 PM
    It's been the case for about 2 weeks with NJ.





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  • bbenhill
    02-10 08:22 PM
    If you have land/home or property then you can show that to the officer. That will show the intend to go back from US. I think for graduation purpose is good enough. at least they will grant around 1 month.

    please giv me green if this is help :D

    Thx



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  • boldm28
    05-19 11:35 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)

    this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..

    believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route





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  • pappu
    04-10 12:26 PM
    Hello gurus
    I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
    I am EB3 India, PD Aug 2002.

    I already recieved my EAD,AP

    Let me know your thoughts or if some one else also recieve the same update.

    Thanks in advance..

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • dilipcpa
    08-19 07:19 PM
    My EAD is approved for 2 years last week, Today my attorney sent me I-140 reference answered is due by 1st Nov,

    I will really appreciate your advise. My I-140 is filed for Accounting analyst.

    My PD date is in Dec. 2006

    As per Reference:

    1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006

    2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)

    My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.

    I have additional 2 years certification corses in business adminstration not considered by my attorney.

    I will appreciate if some one can provide me better attorney to handle this case.





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  • Pagal
    10-31 12:20 AM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.





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  • njdude26
    07-03 06:57 PM
    longer how and in what stage ?
    It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
    However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice

    by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)





    s416504
    11-02 11:36 AM
    I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).

    I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.





    divakarr
    09-05 09:34 AM
    just called USCIS and reached level 2 customer support. she still could not find my 485 information. She send a request to NSC to look for my application. and ask me to ask them after 45 days if I still not hear anything from NSC.



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