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  • perm2gc
    08-24 05:21 PM
    A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

    What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

    Incidentally, How many applications are there in the backlog processing center by priority year ? Check USCIS about the labour substitution and if they find that you are no fit then they may deport you... 500,000 people are in line and your post says you might be new one who wants to get in the middle of the line..CareFul Watch Out





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  • samswas
    04-20 05:41 PM
    I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Your Case Status: Post Decision Activity

    On April 8, 2011, 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 at 1-800-375-5283.

    But i have not received the document yet and wife is leaving on 24 th Apr 2011.
    I would like to know if she can go without and when i get it i can mail the document so she can come back.

    Please help.

    Thanks
    Arun


    She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.

    Here is the link to make an appointment for INFOPASS

    https://infopass.uscis.gov/info_en.php

    Another option is talk to your Congressman.

    Goodluck





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  • inthehole
    08-24 01:22 PM
    Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.

    What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?

    It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
    I also plan to use such a letter in support of an expedite request.

    Gurus please advice:
    - How soon should I fax expedite request?
    - How soon/late should i go to local USCIS office for interim EAD?
    - Could one interfere the other?

    Thanks!

    As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
    The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.

    I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.





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  • ns007
    03-26 02:37 PM
    Agreed.

    Unfotunately, there is no way to poll more than one option.

    More than Salary its location which matters.

    50K in MS = 60K in TX = 80 K in CA = 90K NYC



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  • reddy_h
    08-02 01:25 PM
    I don't think so but check with the issuer. Sometimes they might tell.





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  • ragz4u
    04-10 05:04 PM
    Thanks



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  • ksvreg
    09-25 03:02 PM
    You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.

    *** Not a legal advise ***

    ____________________________________
    Proud Indian-American and Legal Immigrant


    Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?





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  • rameshk75
    02-14 06:45 PM
    i agree with crystal. If you are not yet married, i would advice to get married soon. Once if you plan to jump on EAD, it is not easy to come back to H1. If you apply for h1 extension, you have get it stamped..



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  • GCapplicant
    06-30 01:14 PM
    Thanks pappu...





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  • vxg
    09-17 11:48 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.



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  • gauravsh
    05-04 09:52 AM
    Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.

    Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?





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  • morchu
    05-04 12:21 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.


    Hi,
    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.



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  • gc_check
    02-13 04:34 PM
    Hello All,



    I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



    I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…

    I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice



    � Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india

    OR

    � Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..



    I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



    Thanks,

    What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.





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  • WeShallOvercome
    10-30 01:39 PM
    Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?

    The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.

    Most people use 'Bump" to bump the thread up :), but it can be anything



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  • Alabaman
    07-11 04:54 PM
    What part of "illegal" does Rep. Hostettler not understand? According to Congressional Quarterly, in April 2004, Rep. John
    Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.

    ---> Culled from IMMIGRATION DAILY WWW.ILW.COM





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  • nb_des
    09-20 04:04 PM
    Even I don't see it. Seems like they have removed it.



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  • mycosmos
    04-27 12:39 PM
    Hi,

    I hope, all is well.

    I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.

    I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.

    I need your help as:

    (1) Can I work on 1099 (as I have EAD & I-140 is still pending)?

    OR

    (2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?

    Please, advise me as soon as possible.
    :confused:


    Best regards,
    Rajiv





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  • nkavjs
    08-24 11:55 PM
    Me 2

    Recd. on 2nd July, NSC, 10.25am, signed by J barrett
    no checks .. no news..
    and I hate this.





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  • rajuram
    01-25 06:48 PM
    //\\





    doggy
    07-22 04:25 PM
    As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).





    texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.



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