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  • teddy the dog
    02-07 08:59 PM
    Advance Parole. You are not alone. :)




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  • milind70
    08-28 10:13 AM
    is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?

    i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
    At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
    Relax chill, i think you are fine.




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  • gcformeornot
    02-11 02:39 PM
    Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.

    To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
    L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.




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  • gsc999
    09-11 01:32 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --
    Yes you are correct.

    I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.

    Good work USCIS, hopefully this same level of service will be available to other
    steps of legal immigration in near future



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  • sodh
    07-27 04:08 PM
    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
    Do not leave them blank write none in the Allien#




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  • coopheal
    02-11 05:20 AM
    what initiatives? Never seen any publicized...

    Starting monetary contribution is a start. if you can serve with time too contact IV core, they will be very happy to take you service.



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  • nashim
    09-08 01:39 PM
    lol




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  • solaris27
    10-15 01:46 PM
    No you can't



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  • vactorboy29
    02-24 02:25 PM
    Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??

    Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks




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  • sobers
    02-08 02:58 PM
    Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
    http://msnbc.msn.com/id/11221265/

    Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.

    Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".

    The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.

    Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.

    "These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.

    "Instead of arbitrary caps, a market-based approach that responds to demand is needed."

    The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

    Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.

    "We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.

    Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.

    "Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."

    Craig Barrett: America should open its doors wide to foreign talent


    --------
    IV Moderators- please use this information in your presentations.



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  • njboy
    07-26 10:35 AM
    according to what you typed-your priority date is june 2006..so if i were you, i wouldnt worry much about it..however, your lawyer is right that incase your company revokes your labor, you might be in trouble.
    even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
    why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go




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  • cin45220
    12-07 11:51 AM
    I do not understand why Indian news papers tout salaries offered to IIT/IIM graduates in foreign companies in overseas locations. It�s a net loss for the country�

    First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.

    -CinBoy



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  • sanju_dba
    09-14 02:17 PM
    There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?

    Thats the key thing here, a fund drive/ monthly contribution will attract the seasonal participants, but a raffle will attract ALL ( the one who have graduated from IV ).
    this way a constant fund raising process can be established.
    thats my thinking, please pardon my ignorance if any!




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  • neoklaus
    11-12 07:57 PM
    I did not apply medical form with I 485, but got receipts on time.



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  • coolmanasip
    06-04 11:21 AM
    I think the vote is at the end of this week......may be on Thursday or Friday......


    Manasi




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  • bluekayal
    04-01 01:57 AM
    Mitra Kalita is part of SAJA- South Asian Journalists Association.



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  • makemygc
    07-26 12:26 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks

    I had the same question. It's better to ask this from someone who has gone through I-485 stages for a while. Anyone here??




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  • krishna_brc
    05-05 08:54 AM
    Yes, we don't need original I-485 receipt notice to travel.
    I traveled without original I-485.
    see below for USCIS note on this
    ----
    [Federal Register: November 1, 2007 (Volume 72, Number 211)]
    [Rules and Regulations]
    [Page 61791-61793]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr01no07-1]
    Rules and Regulations
    Federal Register
    __________________________________________________ ____________________
    This section of the FEDERAL REGISTER contains regulatory documents
    having general applicability and legal effect, most of which are keyed
    to and codified in the Code of Federal Regulations, which is published
    under 50 titles pursuant to 44 U.S.C. 1510.
    The Code of Federal Regulations is sold by the Superintendent of Documents.
    Prices of new books are listed in the first FEDERAL REGISTER issue of each
    week.
    DEPARTMENT OF HOMELAND SECURITY
    U.S. Citizenship and Immigration Services
    8 CFR Part 245
    [CIS No. 2420-07; Docket No. USCIS-2007-0047]
    RIN 1615-AB62
    Removal of Receipt Requirement for Certain H and L Adjustment
    Applicants Returning From a Trip Outside the United States
    AGENCY: U.S. Citizenship and Immigration Services, DHS.
    ACTION: Final rule.
    SUMMARY: This rule removes the requirement that certain H and L
    nonimmigrants returning to the United States following a trip abroad
    must present a receipt notice for their adjustment of status
    applications to avoid having such applications deemed abandoned. The
    purpose of this narrow change is to remove an unnecessary documentation
    requirement from the regulations that the Department of Homeland
    Security has determined causes an undue burden on H and L
    nonimmigrants.
    DATES: Effective Date: This rule is effective November 1, 2007.
    FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
    Management Division, Domestic Operations, U.S. Citizenship and
    Immigration Services, Department of Homeland Security, 20 Massachusetts
    Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
    SUPPLEMENTARY INFORMATION:
    I. Background
    Travel outside the United States for an alien who has filed Form I-
    485, ``Application to Register Permanent Residence or Adjust Status,''
    to obtain lawful permanent resident status under section 245 of the
    Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
    affect that application unless the alien takes certain steps before the
    trip. Most applicants must obtain permission from U.S. Citizenship and
    Immigration Services (USCIS) to travel prior to the trip, a process
    referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
    these applicants, departing the United States without advance parole
    while their adjustment of status applications are pending results in
    automatic abandonment of the applications and constitutes grounds for
    denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).

    III. Rulemaking Requirements

    DHS finds that this rule relates to internal agency management,
    procedure, and practice and therefore is exempt from the public comment
    requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
    553(b)(A). This rule does not alter substantive criteria by which USCIS
    will approve or deny applications or determine eligibility for any
    immigration benefit. Instead, this rule relieves a document
    presentation requirement for certain applicants for immigration
    benefits. Specifically, this rule removes the requirement that H-1/H-4
    and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
    adjustment of status applications upon readmission to the United States
    after a trip abroad in order to avoid having their applications
    abandoned. This document presentation requirement is unnecessary since
    it concerns information that is already available to DHS. This final
    rule merely eliminates an unnecessary burden on these arriving aliens
    and streamlines agency management of its processes. As a result, DHS is
    not required to provide the public with an opportunity to submit
    comments on the subject matter of this rule.
    Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
    to make the rule effective upon publication in the Federal Register
    without prior notice and public comment on the grounds that delaying
    implementation of this rule to allow for public comment would be
    impracticable and contrary to the public interest. As a result of
    USCIS's July 17, 2007, announcement that it would accept employment-
    based Forms I-485 filed by aliens whose priority dates are current
    under Department of State Visa Bulletin No. 107, USCIS received an
    unprecedented volume of employment-based applications for adjustment of
    status, including those filed by H and L nonimmigrants. Because of the
    recent surge in such filings, it will take several weeks for USCIS to
    enter the necessary data and issue Form I-797 receipt notices for
    employment-based adjustment of status applications. Therefore, it is
    important for this rule to take effect as soon as possible to avoid
    undue hardship on applicants who may need travel outside the United
    States prior to receiving the receipt notice.
    In addition, no substantive rights or obligations of the affected
    public are changed by this rule. DHS believes the public will welcome
    this change. The public needs no time to conform its conduct so as to
    avoid violation of these regulations because the rule relieves a
    requirement of the existing regulations. Further, this rule will have
    no adverse impact on DHS' adjudicatory responsibilities or ability to
    track the foreign travel of affected persons since DHS already records
    the admission of all nonimigrants. For these reasons, this rule is
    effective immediately under 5 U.S.C. 553(d)(1) and (3).
    This rule relates to internal agency management, and, therefore, is
    exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
    13132, 13175, 13211, and 13272. This rule is not considered by DHS to
    be a ``significant regulatory action'' under Executive Order 12866,
    section 3(f), Regulatory Planning and Review. Therefore, it has not
    been reviewed by the Office of Management and Budget. Further, this
    action is not a proposed rule requiring an initial or final regulatory
    flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
    et seq. In addition, this rule is not subject to the National
    Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
    II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
    or the E-Government Act of 2002, 44 U.S.C. 3501, note.
    Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
    13, all Departments are required to submit to the Office of Management
    and Budget (OMB), for review and approval, any reporting requirements
    inherent in a rule. This rule does not affect any information
    collections, reporting or recordkeeping requirements under the
    Paperwork Reduction Act.

    List of Subjects in 8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
    Regulations is amended as follows:

    PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
    PERMANENT RESIDENCE

    1. The authority citation for part 245 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
    105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
    2681; 8 CFR part 2.

    2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
    follows:


    Sec. 245.2 Application.

    (a) * * *
    (4) * * *
    (ii) * * *
    (C) The travel outside of the United States by an applicant for
    adjustment of status who is not under exclusion, deportation, or
    removal proceeding and who is in lawful H-1 or L-1 status shall not be
    deemed an abandonment of the application if, upon returning to this
    country, the alien remains eligible for H or L status, is coming to
    resume employment with the same employer for whom he or she had
    previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
    is in possession of a valid H or L visa (if required). The travel
    outside of the United States by an applicant for adjustment of status
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful H-4 or L-2 status shall not be deemed an abandonment of
    the application if the spouse or parent of such alien through whom the
    H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
    alien remains otherwise eligible for H-4 or L-2 status, and, the alien
    is in possession of a valid H-4 or L-2 visa (if required). The travel
    outside of the United States by an applicant for adjustment of status,
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful K-3 or K-4 status shall not be deemed an abandonment of
    the application if, upon returning to this country, the alien is in
    possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
    K-4 status.

    Dated: October 15, 2007.
    Michael Chertoff,
    Secretary.
    [FR Doc. E7-21506 Filed 10-31-07; 8:45 am]

    BILLING CODE 4410-10-P




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  • milind70
    08-28 11:49 AM
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531

    Attorney_8
    posted August 11, 2006 11:29 AM
    --------------------------------------------------------------------------------
    The employee must sign the 9089 once it is approved in order to get the I-140 approved.


    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041

    Attorney_13
    Attorney posted December 02, 2006 10:55 AM
    --------------------------------------------------------------------------------
    The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.

    Both these are PERM cases not traditional labor.




    satyasrd
    08-25 08:58 AM
    Hi,
    I am new to the GC process and this forum where I have been reading a lot of posts lately, especially like this one, where people are talking about converting from EB3 to EB2. But my basic understanding was that you cannot use experience from your current company in order to do that. Since my process is just starting in EB3/I and I would definitely like to have that option in the future, could someone going through this conversion or attorneys please shed some light as to how this can be done.
    I greatly appreciate your advice !
    Thanks,




    njboy
    09-10 10:20 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.



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