Wednesday, June 15, 2011

wwe judgment day 2009

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  • Winner
    04-23 12:46 PM

    Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.

    Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.

    Please don't start a fight here. Please try to respect each other in public forums.

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  • yabadaba
    06-26 01:28 PM
    once again^^^

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  • logiclife
    01-30 12:16 PM
    we can have an org slogan below the logo that says

    "High-skills employees for legal immigration".


    "Legal High-skills employees for immigration reform".

    something like that. All orgs have slogan. Compete America( has a slogan "American employers for legal immigration".

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  • shanti
    02-24 10:35 AM
    Thank you guys for your replies.

    NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?

    Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
    I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?

    Thank you so much in advance.


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  • fromnaija
    12-12 02:20 PM
    What if i leave it just like that?

    That, my dear friend, is courting disaster at a later date and would be very unwise.

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  • hate_me
    12-16 04:45 PM
    I got my licensed extended till EAD expiry date and they have given me an month more than EAD expiry date, this was done in Wayne, NJ, and I know atleast 20 people who got their license extended on base of EAD in Wayne. Your friend might not have provided other required documents, you just dont get license renewed on base of EAD only, you have to provide address proof, SS etc. Your friend might have missed some of the documents or he might have shown attitude to the the clerk, or that clerk might have taken lessons from USCIS employees in creating their own rule.

    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?


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  • sherlock01
    10-16 07:54 PM
    Can you please send the format of the letter you faxed? Did you include a letter from the employer?

    I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:

    I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.

    Hope this information is helpful to someone in similar boat. Below are the fax numbers:

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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.

    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!


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  • peer123
    04-17 09:35 AM
    In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...

    my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.

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  • rajpatelemail
    12-09 01:32 AM
    I second that...

    Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.

    If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
    When sush a system is in place, people may not leave filthy comments i guess.
    Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.


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  • hopefulgc
    11-05 10:24 PM
    Did your company file an EB2 labor/petition on your behalf?


    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
    What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?


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  • hopelessGC
    05-04 11:40 AM
    i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.

    i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.

    AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.

    my experience with AR-11 was good. but make sure to complete the second step for pending applications.

    What is the second step you are referring to? I thought only an online AR-11 is good enough.

    I will be changing my address next month (same zip code and state).


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  • GCNirvana007
    09-08 10:09 PM
    Got CPO on Sept 1st and nothing after that.

    Is this freaking normal :p

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  • adibhatla
    06-16 11:52 AM
    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"

    Hi Chandu,

    Could you tell me what needs to be written to the congressman (looking at the content).

    Appreciate your help in this regard.



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  • belmontboy
    05-22 07:05 PM
    As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.

    Its more then two months now i did not have any update from my HR inturn from attorney.
    At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.

    My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
    I am not sure if it should be filed in that way ....
    Let me know if i am heading in right direction ...

    Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.

    Recent trends for PERM processing are around 60-90 days.

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  • HumHongeKamiyab
    01-02 11:37 AM
    The % displayed here is inconsequential. As about 90% of people who have not received their FP notice would vote, but only about 5% of people who have received the FP notice would do the same (As they see more interesting thread somewhere). But I am glad someone atleast created a thread and we see 40 odd people who are in the same situation.

    I applied for 485 on july 12th to NSC, case transfered to TSC. Have not got FP for both me and my wife.

    there are about 40%..... so lots of them....


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  • dealsnet
    03-28 02:30 PM
    This is a good move from IV.:D

    With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.

    IV Tracker -

    Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.

    Great job, IV team, in providing such a useful tool for the benefit of our community.

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  • gc_chahiye
    11-04 11:33 PM
    i did through google but i cant found actually. please respond who knows.thank you in advance.

    Another good bet for trying to get a break like what you are looking for is Sulekha:

    Most of the jobs there are from consulting companies. Being on H1 with them can get hard (with things like salary/bench etc) depending on how well run that place is, but on EAD your life should be much simpler. I could not find anything on transcription, but lots of entry-level jobs in QA or in SAP that provide training etc. All the best.

    When you get some responses from these people, ask around (friends etc) to see if anyone has had a good/bad experience with that firm.

    Again, unlike H1, being on EAD your life is much simpler and options are much more open. You can walk away if they dont treat you well. All you need is a break and these guys might be able to provide one.

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  • prom2
    11-05 12:32 PM
    Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?


    Current Status: Approval notice sent.

    On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Mine was the same, I receive email on 11/04 and notice sent on 10/17.
    Good luck.

    03-25 04:39 PM
    the one from vamsi has gone up to 116 now...

    vote for a question folks....ask your friends also to vote..

    does not hurt to try our luck...

    12-05 03:25 PM
    I know that applying for citizenship is not can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?

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