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  • prioritydate
    07-25 12:11 PM
    May be true if they are doing other work, like working on the Family based immigration. But here I am talking about dedicated I-485 application processors. This is just an assumption. I am sure that USCIS have lot of employees than our assumption. I am sure that USCIS is lot more capable, and it they genuinely wants to speedify the process, they could. I sincerely hope that USCIS, with it's new revenue that it is going to get in August, would add workforce to process applications in a timely manner.





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  • Indo-Canadian
    08-30 08:23 PM
    Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.





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  • Googler
    06-22 12:44 PM
    Didn't want to start a new thread for this (perhaps this thread should be re-titled Media Coverage of Name Check Mess)

    Today's NPR story about name checks
    http://www.npr.org/templates/story/story.php?storyId=11271832

    A New Spin:

    "The problem isn't entirely of the FBI's making, according to the bureau's assistant director, John Miller. A background check used to consist of looking to see whether a person was under investigation by the FBI. Now immigration officials want to know if the person's name has come up in any other investigations.

    That meant the FBI suddenly had to redo some 2.7 million checks. Miller said that load was added to the 3 million background checks the FBI typically gets every year; the result was that the bureau was overwhelmed.

    "When you hand someone � with a staff of 30 [people] � 2.7 million names and say, 'Do them over' � and not just do them over, but where there are issues and questions and missing files, 'Resolve those issues' � you are going to have a challenge on your hands," Miller says.

    To combat the problem, Miller says the FBI is raising the fees they charge various agencies so they can hire more staff. A typical background check costs about $2. The FBI is raising the fee to $9.

    FBI officials are also talking to the Department of Homeland Security about borrowing some of their employees to clear out the backlog. And they are discussing how they might change FBI criteria to make the process more efficient.

    "There is a perception born of these stories that we're indifferent," Miller says. He adds, "But we're processing them faster than we are taking them in."


    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?





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  • gonecrazyonh4
    04-25 12:58 PM
    Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.

    Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...



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  • H1Girl
    10-13 03:05 PM
    ...
    But never a tie.

    Wrong... who said Tie is Not OK? Some officers wear Tie...





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  • pcjandyala
    07-21 11:31 PM
    http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.

    Wish you all the best.



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  • HOPE_GC_SOON
    01-31 02:24 PM
    Gurus:

    My friend got into this situation.

    He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.

    Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.

    Did any oone of you experienced this and if so, can you please share your experience..

    What are the Dos and Donts for this case.. Appreciate your replies.

    Thanks,
    :)





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  • baba84
    04-26 03:28 PM
    what does your lawyer say about the matter?



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  • dehradoon
    11-13 06:08 PM
    ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

    once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?

    Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.

    Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's

    So, The bottom line is if -
    I140 approved and 485 pending for more than 180.

    START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1

    THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.

    OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL





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  • gc_check
    02-11 12:14 PM
    Thanks for the updates. There seems to be something happening at the least. Hopefully some thing works out to get the mess cleared.



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  • guy03062
    04-17 11:22 AM
    Also when last year, congress approved recaptured 50,000 visas per year for Nurses, USCIS updated it immediately after Bush signed the law and also published interim visa bulletin to reflect those changes.

    Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?

    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.





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  • Rishi123
    11-09 12:23 PM
    Dear Friends :

    Appreciate if you could provide some insight to my situation.

    I had filed my labor certification from company (A) ( Based on future employment ) .
    PD Sep/04
    I did not work for the company (A)
    My labor certification has got approved and now I am preparing to file I-140.

    In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.

    Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.


    Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.

    I am not able to get a clearer picture.

    You help will be highly appreciated

    Rishi



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  • little_willy
    08-25 03:16 PM
    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.





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  • SR2610
    04-12 04:18 PM
    There are some good and bad things.. If labor substitution is gone, less chances of fraud, most of backlogged labors go waste, which obviously reduces the retorgression. bad thing is 45 days rule, DOL itself cannot make out where the hell is the labor application, when they approved it and when they mailed it, how can they say that you need to apply for 140 with in 45 days :mad:

    -SR



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  • dale
    09-24 03:32 AM
    hey thanks everyone for the great comments about my stamps (the 3 vector ones including the green swan stamp) - i completely forgot about them (haven't been on here for a while) so i didn't even get to vote. ah well, thanks anyway everyone!

    _dale





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  • eb3_nepa
    04-13 08:41 PM
    The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law

    http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

    My point exactly.

    So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?



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  • bmoni
    12-22 08:32 PM
    Have any one changed employer right after I-140 approval.

    Please post your experience





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  • roseball
    04-07 10:36 PM
    A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

    "We didn't allow your spouse's personal exemption because your spouse's:
    Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
    Last name doesn't match our records or the records provided by the Social Security Administration.
    Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
    If you have questions or need additional information, please have the following on hand when you call:
    A copy of this page.
    A copy of your tax return.
    The notice we sent you.
    If you disagree with this change or the way we processed your return, please contact us.
    ."

    Do I still need to file form 1040X? Please let me know.

    In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.





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  • deepimpact
    09-22 08:20 PM
    Next thing....H1 program only once in 3 years or only when "needed".....
    Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
    Attach huge price tag to GC... and...

    Well, the message is clear...Isn't it?

    Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D





    vsrinir
    09-16 03:03 PM
    Pray God!!!

    It Is More Important!!!!!!





    gapala
    02-24 12:24 PM
    its depends ...

    1) my and wife air ticket to india for visa stamping.
    2) All visa fees
    3) all hotel exp.
    4) All attorney and USCIS fees .
    but check with your CPA .

    Jeezz.. travel to India? Is this personal or business travel? If business didn't you get paid for international travel?
    I guess everything related to conducting your business can be itemized as tax deductable.



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