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  • ganguteli
    04-23 01:16 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
    Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?

    I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.




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  • amsh
    08-21 05:23 PM
    I had got my EB3 priority date recaptured in EB2 I140 filed latter .After doing this ,I asked my lawyer to interfile the case (ask them write a letter to USCIS to convert my earlier filed I485 application in EB3 to EB2) .

    My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
    And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.

    I have two questions
    1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .

    2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?

    Best regards and thanks for helping !




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  • bala50
    07-26 09:58 PM
    I think there is no truth to this. Can anyone point to a link to verify?

    Found this link at Thomas site

    http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110ZxCj9J:e407783:




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  • rvendra
    05-18 02:11 PM
    My case is EB 2 Dec 15th 2003 is priority date. I have filed my I 485 in August 2007. Still my case is pending more than 3 1/2 years. I have tried all possable options. Nothing is wokring out. Just simply telling background check is pending. Can you somebdoy helpme out other than WOM.

    Thank you for your help
    Raj



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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    *******
    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

    ***

    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    ****

    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.




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  • milind70
    07-18 09:39 PM
    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !

    Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
    The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.



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  • Dipika
    08-14 01:10 PM
    Not sure what way they are going to approve cases.
    But i noticed, All approved cases are clear, means no RFE in any stage.




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  • eastindia
    05-14 02:19 PM
    It is a very sad story. We people who have legal status feel very very lucky after reading his story. We can only imagine what this poor kid was going tough mentally. He did not have the right to education in college, could not drive and could not pursue his interests. He could not even go back to his country because he did not know anything else other than USA.

    These kids deserve a better life than constantly living a life of fear and hopelessness.



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  • seekerofpeace
    09-10 11:17 PM
    Well VXG,
    I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........

    Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....

    Well Boston USCIS is no better we have experience over there too couple of years back....

    Will have to go there again..not sure if Lawrence has Biometrics facility or not....

    OOOOOOOOFFFFFFFfffff how much more can I bear..................

    SoP




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  • lostinbeta
    10-04 01:20 AM
    Hopefully it works....haha :)



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  • Krilnon
    03-06 10:21 PM
    I voted for mlkedave... It seemed to be the most realistic version of what would actually exist.




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  • little_willy
    08-11 02:36 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.
    Are these issues sorted out? I still see the same problem when sorting by PD. When these problems are fixed, I am sure the tracker will be a valueable tool. I appreciate IV's effort to create such a tool for the community. Thanks.



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  • chanduv23
    08-15 08:08 AM
    No one is intrested in knowing the facts?




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  • reddymjm
    08-19 01:18 PM
    As there might be people who will be adding spoues or filing new 485 applications. This will help.



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  • monkeyman
    01-04 12:15 PM
    Let me start off by saying this is simply not the right forum for such discussions. You are better off using monster.com or some other job related sights.

    As far as changing the fields go, assuming you have the authorization to work - you can change. But QA jobs these days are hard to come by and mostly happens in different countries and most of the existing jobs have been bangalored. And an effective QA job requires some kind of experience in the software development or related field. A non effective QA job is simply testing and chances of you retaining the job for more than 2 years is very slim. The thinking behind that is a more person gets involved with testing, the more he/she understands the testing and less rigorous the testing becomes.

    SAP courses are good once you understand the nuts and bolts. But its challenging and requires you to have lots of people skills and ability to convince people that their business must run per SAP and not viceversa. Hope that helps. Good luck.




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  • apnair2002
    02-16 09:15 AM
    The Backlog centers should be ashamed of themselves. They make the state DMVs look like an efficient government departments.

    18 more months!!! And they congratulate themselves?

    You know, there is a saying "If you have infinite monkeys with infinite typewriters for an infinite amount of time, eventually they would come up with the exact creation of Shakespeare".

    http://www.foreignlaborcert.doleta.gov/

    I hope they are sincere in meeting the 18 month timeline. That would have to mean the certifications are bound to come one after another starting in 2-3 months max.



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  • dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;




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  • bidhanc
    05-11 12:35 PM
    Hi,

    I believe the number is
    1-800-989-TALK

    Call in once it's on the air.

    Bidhan




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  • simplistik
    03-06 06:54 PM
    heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... :( you all should've kept your stuff under wraps until the end




    seekerofpeace
    09-14 11:15 PM
    APB,
    Your case is prior to me in terms of PD. Almost all my 2004 friends are approved. While I am approved but no cards becoz of biometrics issue...wife's is still pending.

    Are you a transfered case too? Did you take any infopass apt etc what did u learn.

    I am not sure what more I can do to help move my wife's case...I am one of the extremely rare half approval cases...almost everyone I know of all the dependents got approved with the primary applicant.

    Cheers

    SoP




    trueguy
    08-09 08:21 PM
    I would do that if you could help me on how to do that. I looked for options and i don't find any options to change the poll.

    Appreciate your help



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