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  • greenleaf81
    11-04 03:26 PM
    Thank you guys for responding to my situation.
    My client could not issue a letter but the Vendor issued a letter saying I am working at the client. Also we have attached some emails from the client Manager. And thankfully they were able to send the documents on Monday.

    ajp5: I do believe that I have switch the employer now, because I cannot risk to wait for the USCIS to process the RFE and run out of time. I will talk to the vendor about the transfer. Yes the last few days have been a hell for me, suitable for a thrilling movie.

    wandmaker, meridiani.planum: Thanks for the advice, I am in the process of finding another employer, hopefully more trustworthy this time. When I do find a new consultant I will do PP.

    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.

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  • go_guy123
    11-23 02:23 PM
    Well Said.

    Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!

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  • yabadaba
    06-22 05:30 PM

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  • avi101
    06-29 03:41 PM
    Labor and I140 (except NIW cases) are applied through employer and is employer centric (unforunately) and they have every right not to give it to you. The lawyers won't give it to you either as they can be sued by company for doing that (based on what a well known lawyer told me).

    Your best bet is to petition through Freedom of Information Act (google or check immigrationportal forums for more info) for these things and you can get a copy from USCIS. People seem to have done this successfully. However, this takes time.


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  • gsiskind
    05-11 09:55 AM
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says ( D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.

    With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

    As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

    As for processing times, generally estimate 60 to 90 days on employment cards.


    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604


    Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.

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  • duttasurajit
    10-17 11:41 AM

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?



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  • pwilliams960
    02-07 12:02 AM
    The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.

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  • BMWX5
    03-15 09:52 AM
    If you don�t want to contribute, then don�t. There is no need to brag about it.
    You are not doing any noble cause by not contributing.

    IV volunteers have every right to ask for contribution on various forums.
    Least you can do is not confront them on contribution.



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  • pal351
    02-11 05:55 PM
    http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm

    If more People think like this we will be in good shape.


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  • mnq1979
    05-21 03:02 PM
    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?

    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?


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  • rssm10
    06-01 02:37 PM
    I have got the I-485 denial notice. I am the primary applicant and my wife is dependent application. The denial notice was based on an RFE which was not responded (Basically neither my lawyer nor ourselves received the RFE notice, we directly
    received the denial notice). Before we got the 485 denial notice, our status are as follows:
    Myself : WOrking on H1 B (Primary Applicant)
    Wife : Working on EAD.

    Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.

    1)Can my wife continue to work on EAD ?
    2)What is the status of the EAD now ?
    3)Should we have to wait for the case to be reopened before she can join work on EAD ?

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  • gc_chahiye
    07-11 08:03 PM
    What I dont understnad is that if they skipped security clearances on AOS applications to use up does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

    They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

    Does that make sense.?

    I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).

    One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...


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  • ramesh10
    06-15 07:20 PM

    I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS

    in G325A,
    should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)

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  • varumo_varatho
    12-25 10:58 AM

    Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

    Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

    If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

    I would suggest you to change your screen name to Thriyumo_Thriyatho

    Dear Mr. Rude Know it all aka austin gc,

    I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

    I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

    On the topic, the thread opener can talk with his lawyer on what i posted.

    Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

    Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.


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  • davehoover
    06-27 08:41 AM
    If you have your I 140 approved already. A# will appear on the approval notice.

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  • Stan09
    07-16 11:37 AM
    Well, not quite.
    They cannot demand reimbursement for official filing fee, it's about $1500.
    But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
    And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.


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  • immi_enthu
    08-28 10:14 AM
    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you

    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

    please see the above quote by kaiserose

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  • SonnyD
    10-18 03:26 PM
    Congratulations brother. One of the questions they ask is- are you a member of any association or any organization.If and when they ask, this would be a good time for you to inform the officer of any volunteer work you do. Or tell them how you contribute to the community. Also tell them if you donate to charities. Just a thought.

    Please only answer the questions that are asked. Answer to the point and be precise. Brother Sanju has given good advise too. Let your wife answer the question, if the Officer was asking her. Please do not try to answer for her.

    Good luck and God bless

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  • SDdesi
    07-10 06:40 PM
    --H1-B Case History--

    (2) passport coming to expiration on March, 2009

    You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)

    Always, discuss with an immigration lawyer first.

    06-18 03:07 PM
    My experience is that interview dates for Nov won't show up until Oct.

    09-17 09:09 AM

    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008


    Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

    You should relax, in other words.

    That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

    Good Luck to you.

    *** Not a legal advise ***

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