labor2003
04-01 06:34 PM
Just sent fax # 10 and 11.
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x1050us
07-19 10:24 AM
All;
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.
bluekayal
07-13 03:28 PM
Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.
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gcsngh
08-31 08:02 PM
Driving from CT with my wife on Monday evening, stay overnight in NJ and along with a friend to DC on Tuesday morning!:)
We are a selfmotivated lot with no blinders!:cool:
We are a selfmotivated lot with no blinders!:cool:
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eb3retro
07-08 08:18 PM
you are right ron hira..this dude chickened out once we started to expose him.
eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....
eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....
gc_kaavaali
06-05 10:52 AM
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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beppenyc
03-16 03:53 PM
I did read it, and I really hope that something happen this year. The OC magazine is very focused on Immigration, like the AZ Central.
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anilsal
10-11 04:38 PM
either missed BEC by luck (pre-PERM folks) or used substitute labor. They all have GCs.
And there are people like me, still waiting waiting waiting.
It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.
Nothing is fair.
And there are people like me, still waiting waiting waiting.
It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.
Nothing is fair.
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Saburi
02-12 04:56 PM
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
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nrk
10-31 09:22 AM
When you make a call to the call center and find out some details which they don't know, they will open a service request for you. Some one apart from the call center people will reply to that service request. You will be receiving a response in mail.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
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go_guy123
05-11 01:06 PM
WASHINGTON � Democrats are trying once again to advance legislation that would give some young illegal immigrants a chance to live legally in the U.S.
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
All token stunt by Democratic party before 2012. Last time they failed in lame duck but with GOP in power even Latino groups are not energised by it
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
All token stunt by Democratic party before 2012. Last time they failed in lame duck but with GOP in power even Latino groups are not energised by it
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Libra
07-10 10:07 AM
You can sue this guy successfully there is no doubt, but you should have guts to do.
:mad:
i did watch the show, i feel my blood arousing to fight back. Well, we can try exposing his false faces to other TV show hosts like msnbc, foxnews etc.
Am sure there should be some law point to help us sue this guy.
:mad:
i did watch the show, i feel my blood arousing to fight back. Well, we can try exposing his false faces to other TV show hosts like msnbc, foxnews etc.
Am sure there should be some law point to help us sue this guy.
more...
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jkays94
08-15 01:51 PM
You think they will go thru thousands of applications and check the tracking number? Besides I don't think they keep the original mailing envelope. So I think asking us to keep the tracking number is just BS.
If you refer to the 485 processing SOP, the front of the mailing envelope is kept together with the application.
If you refer to the 485 processing SOP, the front of the mailing envelope is kept together with the application.
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kannan
06-20 02:45 PM
My lawyer files I- 485 for me and my family, I want to file EAD and AP for me and my family by myself still do I need to file one more G- 28 .
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Jimi_Hendrix
06-26 02:38 PM
PD Aug 2001
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
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bluekayal
02-03 12:00 PM
Hi folks in California,
So far we've had meetings with the staff of 3 lawmakers. They were all pretty interesting meetings. There's much to do and so few of us to do it.
Its great being part of a small foused group...that is walking the talk.
Even if you've never done it before, please sign up here, and join our regular conference calls.
So far we've had meetings with the staff of 3 lawmakers. They were all pretty interesting meetings. There's much to do and so few of us to do it.
Its great being part of a small foused group...that is walking the talk.
Even if you've never done it before, please sign up here, and join our regular conference calls.
more...
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skp07
10-08 02:07 PM
we saw the status updated this morning atlast. Hopefully will get the card soon in hand.
My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
Responded to RFE with a receipt date of sep. 25 th and no updates till day.
Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
WE were hoping for some miracle by monday:confused:
My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
Responded to RFE with a receipt date of sep. 25 th and no updates till day.
Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
WE were hoping for some miracle by monday:confused:
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texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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gcnj
02-12 05:39 PM
Hi Shana
I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
Do you think will this be a problem if i use AC21.
Your inputs will be greatly appreciated.
Thanks
GCNJ
I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
Do you think will this be a problem if i use AC21.
Your inputs will be greatly appreciated.
Thanks
GCNJ
sunny1000
12-22 03:32 PM
Sorry partner, I was just sharing info.
Did not mean to imply you were wrong in any way. :-)
got it, no worries.
Did not mean to imply you were wrong in any way. :-)
got it, no worries.
shana04
02-12 04:28 PM
I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Saburi,
please be more precise. when you transfered and when did you file your 485 with company A or B.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Saburi,
please be more precise. when you transfered and when did you file your 485 with company A or B.