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  • veni001
    02-03 08:08 AM
    Thanks for you concern.

    I would appreciate it if you can answer to my specific question. :)

    Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.

    Good luck.;)





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  • boom
    10-01 07:16 PM
    Would appreciate if some one can guide me in this situation.

    Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.

    Now I received the receipts for the one which was filed first time.
    How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
    Will it affect my GC processing fot the application filed first time.
    What is the best option I have without getting into some issue.





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  • fcres
    07-18 04:10 PM
    Call once again to confirm this news. Some times the reps give conflicting answers.





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  • ImmiLosers
    09-25 01:16 PM
    you are no more eligible for H1B extension. h1b extension/transfer are doable as long as you are in h1b.



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  • snathan
    02-15 11:55 AM
    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?

    I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


    Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.

    DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.

    In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.

    Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.





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  • amsgc
    09-10 12:27 AM
    It takes 15 calendar days. You should hear something from USCIS next week.
    Good luck!

    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them



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  • GoRedSox2007
    11-29 12:50 PM
    Saurav,

    I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
    Hope this helps.





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  • getta05
    03-27 04:20 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K



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  • LookingForGC
    01-25 06:35 PM
    Oh man, i was really interested to see the post after looking the title, but :)

    Take your time...





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  • krishmunn
    02-15 10:58 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?



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  • resident1374
    02-03 09:59 AM
    Thank you for your help. I will definitely contact an attorney for my case. Hopefully, I will receive an approval without any hassle.





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  • JunRN
    08-21 10:22 PM
    You got me there....anyway, nothing much we can do about it...let's just treat it as another delay from USCIS...



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  • jthomas
    03-27 09:45 PM
    May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


    ________________
    Not a legal advice.

    from the immigration officer. they have to combine both the cases and then have one process the green card. Normally spouse married to US citizen gets green card within 5 months. The green card interview happens approx 3 months after filing I130. If the case is okay the papers are kept in a green file and have to wait till the employment based I-140, I485 will be combined and then they would get their green card. If there is anything missing or any questions, it would delay fuurther. Secondly The A number remains the same in both the application.
    The bad part, the candidate has to wait because he was in H1B for a long time.





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  • OLDMONK
    11-28 11:55 AM
    I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.



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  • helpmeExperts
    02-14 04:36 PM
    If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.

    ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.

    only con is if something wrong happens to 485, we are screwed!!

    one more question very complicated -

    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    i dont see EB2 my PD becoming current for next 2-3 years

    any inputs are appreciated??





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  • vjmjaan
    08-29 12:29 AM
    Guys,

    http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.

    So dont worry, your case will be appropriately transferred to the correct service center.

    Let us concentrate more on the DC rally.



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  • ashkam
    03-24 11:57 AM
    Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.





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  • diptam
    08-20 09:22 PM
    Last months 3 days , this month 11days movement only for I-140 skilled !!

    Looks like NSC staffs are all busy opening July 2nd packets :D


    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    That's for NSC.





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  • venky08
    06-24 12:01 AM
    even if in july bulletin the dates move back, think anyone can file till jul31st.
    The applications will be valid as long as it is post marked before 31st july.
    thanks dallasblue...these things were freaking me out...my family is in india and plan to come back on july first week...i just didnt want to apply on july 15th and then realize that the dates were retrogressed mid month...that would be a big deal...

    these lawyer websites are posting that they can stop accepting applications mid month without even putting out any notices...i just wanted to ask someone if anybody have any known record of this thing happening in the past...i am still worried because of this what appears to be baseless fact...but since it comes from a lawyers website my doubt still remains...can someone please help me with some conclusive facts???:confused:





    delax
    07-19 05:44 PM
    Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS

    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!





    getgc2008
    03-05 10:50 PM
    Thanks folks. So my present employer will never know when I change lawyers. If I get any RFE's also within the next 3 to 4 months , it will go to the new lawyer.



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