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  • jay75
    08-04 12:55 PM
    EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject

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  • amulchandra
    05-10 06:01 PM
    I tried that too.I provided the petition details and clicked submit button. Then it takes me to save and exit buttons there is no continue button.

    Let me try once again. Any more inputs.....

    Thank you


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  • mmanurker
    08-06 11:29 AM
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.

    I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.

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  • iam4u4ever
    06-04 06:02 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?


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  • sixburgh
    06-28 04:12 PM
    Read the link Immigration: EAD and AP (, especially the advance parole section.

    "However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."

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  • BEC_fog
    03-28 03:32 PM
    As mentioned by Administrator2 to report any issues with the tracker on this thread, here are issues I found.

    1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.

    2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.

    Nice work to add this tracker...this will prevent all the different polls popping up.


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  • rogerdepena
    07-18 01:25 PM
    It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.

    If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.

    It's hard work but believe me - do it consistently and do it well and you will see that it will work.

    Best of luck and post the address of your site/blog here should you decide to do it.

    blogging is not a problem. i'll try to make one at eblog. ill post the link when im ready. i would also like to ask others to pm me Lou Dobbs-related issues so that i can look at it and write an article about it.

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  • gapala
    05-14 10:21 PM
    Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.

    You should be a safe - EB2.

    Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.

    arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
    could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..

    Thanks in advance.

    I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.

    1)US Advance Degree (Masters) OR Equivalent
    2) US Bachelors or Equivalent + 5 Years of progressive experience.

    3) Three out of 4 below need to be provided to classify under Exceptional ability

    ---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;

    ---- b) A license to practice the profession or certification for a particular profession or occupation;

    ---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

    ---- d) Membership in professional associations;

    ---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.


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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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  • ashshef
    09-11 06:40 PM
    There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?

    I could be off by a few hundred, but I believe the per country quota caps EB2-I to about 2600. Keeping in mind that the least number of cases was likely in the period of Apr-Aug, due to the new process and uncertainity around Perm, that would still mean a lot of cases in the first quarter and last quarter of 2005. That would still mean slow progress through the first quarter of 2005 before we see significant movement.
    I wouldn't be surprised if there is no movement or negative movement in the next couple of months, before they hit the next quarter. I don't anticipate them getting too far before they are ready for the spillover at the end of FY2010.
    I know of atleast 3 big companies which were not filing Perm till atleast Sep 2005. But they had a lot of filings in the last 2 weeks of March.


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  • sathyaraj
    11-02 10:38 AM
    I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?

    No. It will not help.
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

    Do you think there are only 61K nurses waiting in line?
    Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.

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  • jediknight
    10-23 12:57 PM
    I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(


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  • wrldnw4me
    01-31 10:29 AM
    We are under Legal Slavery.

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  • Prashanthi
    09-08 03:36 PM
    My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

    Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

    Any comments/ assistance would be most appreciated.


    I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.


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  • vin13
    12-04 10:05 AM
    Hi vin13,
    Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
    I have an appointment tomorrow and only have a letter from the doctor.


    We did not have to prove the relationship. It was a hospital letter stating the person had passed away.

    Again, all i can tell you is go with what you have and try. there are no specific rules or standard procedure. Each IO officer may look at it in different ways.

    When you go, take your I-485 receipt notice, 2 passport size photos in case they ask you to fill a new application.

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  • new2perm
    12-31 09:16 PM

    What is this email from CRIS, you are mentioning?

    You may be getting your AP?? or GC itself now? Let us hope for the best.


    When we sign up for case updates, you receive an email when your case is approved right? I had received that in 10/06 when my I-140 was approved. When I had the LUD again on my approved I-140 on 12/02, I received that same email again.

    Also, I have 1 more LUD on my I-485 on 12/30 (sunday).


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  • smiling08
    09-12 12:21 PM
    I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!

    your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
    so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.

    since you have your f1 valid until can go for stamping before that date or you can also amend h1b for change of status thru your employer also.

    hope this helps

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  • pbojja
    10-17 12:34 PM
    Can anyone tell me what it means in terms of documents...???

    Your questions are too demanding dude

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  • snathan
    04-16 10:26 PM
    Please see my replies in Bold Dark Green.
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email with PD, ph#,email & subject "I485 filing impacted”,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    For Questions 1-4 : If you are going to search for job, you are a consultant and search for employe employer relationships issues. Its not easy to get the stamping done.

    For Question 5. You can not have two visas in your passport. So if you get the H1B stamping they will cancel the B2.

    01-14 04:41 PM
    Now, that's a good idea. How about Cutting Permanent Residency Delays.

    18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.


    Agency Acts to Cut Delay in Gaining Citizenship

    Published: January 12, 2008
    Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.

    Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.

    The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.

    The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.

    According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.

    �It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�

    In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.

    The agency also received a deluge of other immigration petitions.

    Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.

    Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.

    Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.

    The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.

    10-17 11:41 AM

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?


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