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  • martinvisalaw
    07-16 06:06 PM
    Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

    Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

    Thank You.

    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.





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  • puzon23
    02-12 10:56 AM
    To Whom It May Concern:

    My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

    What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

    Please advise.

    Thank you so much for your time!





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  • gc_seeker_2001
    01-30 11:05 AM
    Any feedback on this is appreciated.





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  • krishnam70
    07-05 11:45 AM
    Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.

    I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..



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  • morse
    11-16 02:34 PM
    ...Mdipi.com, but Lost's just has more depth. Yours is sweet, and it's not even funny how much better it is than what I could do. Keep it up :)





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  • gauravsh
    05-04 09:44 AM
    Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The



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  • kevinkris
    09-23 02:33 PM
    I think they touched our cases but i think they cannot give any result as there are no visa numbers left..

    Lets hope for the best in last 6 working days !!!





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  • jatinr
    07-26 09:10 AM
    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document



    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.


    I 765 EAD Application document.



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  • roseball
    04-03 12:23 AM
    I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
    I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.

    Yes, sending your case details to your senator would help. I would also take an InfoPass appointment and find out from an IO on what's actually holding up your case since your PD has been current for a while now. Good luck.





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  • abracadabra
    05-30 01:59 PM
    Did anyone went through this situation



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  • meet
    08-31 09:36 PM
    Please do reply to my queries...........





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  • Iak123
    06-02 11:01 PM
    Thank You All for responding. That is very helpful



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  • go_gc_way
    07-12 03:18 PM
    when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.

    Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?

    I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.

    Thanks.





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  • mantagon
    07-22 04:30 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    is this is right?

    -> H1 (797 approval notice) is valid
    -> you enter USA on AP, you will get AOS status.
    -> H1 is still valid but unusable as the status is AOS.
    -> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
    -> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

    PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.



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  • gimme_GC2006
    01-05 11:22 AM
    any predictions for Feb 2009 :D:D





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  • GotGC??
    01-20 09:11 PM
    ...of LC cases, by PD and category. Goes to show how scary the situation is without increase of visa numbers....just I-485 is a good first step, but there is a looooong way to go.

    Date NON-RIR RIR TOTAL
    Dec-97 760 54 814
    Jan-98 925 22 947
    Feb-98 29 4 33
    Mar-98 48 5 53
    Apr-98 42 1 43
    May-98 35 1 36
    Jun-98 43 3 46
    Jul-98 36 1 37
    Aug-98 36 3 39
    Sep-98 33 3 36
    Oct-98 60 3 63
    Nov-98 34 1 35
    Dec-98 34 6 40
    Jan-99 36 2 38
    Feb-99 34 3 37
    Mar-99 42 2 44
    Apr-99 42 3 45
    May-99 49 11 60
    Jun-99 38 6 44
    Jul-99 35 5 40
    Aug-99 43 8 51
    Sep-99 38 8 46
    Oct-99 68 7 75
    Nov-99 49 27 76
    Dec-99 57 25 82
    Jan-00 43 49 92
    Feb-00 44 20 64
    Mar-00 59 18 77
    Apr-00 55 33 88
    May-00 69 21 90
    Jun-00 112 19 131
    Jul-00 87 24 111
    Aug-00 67 35 102
    Sep-00 46 39 85
    Oct-00 62 48 110
    Nov-00 65 100 165
    Dec-00 65 103 168
    Jan-01 143 120 263
    Feb-01 353 266 619
    Mar-01 1018 544 1562
    Apr-01 11502 11982 23484
    May-01 180 966 1146
    Jun-01 104 1089 1193
    Jul-01 94 1213 1307
    Aug-01 107 1389 1496
    Sep-01 92 1052 1144
    Oct-01 141 1186 1327
    Nov-01 78 799 877
    Dec-01 70 809 879
    Jan-02 47 805 852
    Feb-02 48 935 983
    Mar-02 46 1352 1398
    Apr-02 84 1614 1698
    May-02 196 1942 2138
    Jun-02 73 1660 1733
    Jul-02 88 1905 1993
    Aug-02 46 1822 1868
    Sep-02 85 1836 1921
    Oct-02 92 1833 1925
    Nov-02 71 1856 1927
    Dec-02 93 2404 2497
    Jan-03 60 2202 2262
    Feb-03 70 2155 2225
    Mar-03 75 2216 2291
    Apr-03 147 2231 2378
    May-03 90 2140 2230
    Jun-03 46 2100 2146
    Jul-03 87 2207 2294
    Aug-03 129 2089 2218
    Sep-03 181 2013 2194
    Oct-03 71 1796 1867
    Nov-03 96 1065 1161
    Dec-03 130 1329 1459
    Jan-04 94 861 955
    Feb-04 118 842 960
    Mar-04 116 449 565
    Apr-04 92 388 480
    May-04 47 353 400
    Jun-04 43 283 326
    Jul-04 17 253 270
    Aug-04 13 144 157
    Sep-04 5 9 14
    TOTAL 19998 69227 89225


    Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
    I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
    No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.



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  • sbabunle
    08-24 06:41 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.





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  • usirit
    07-01 12:43 PM
    Hi Indiana... :)

    If you are stuck :mad: with your PERM LC being auditted by DOL, several of us in the same situation are sending letters to them as well as promoting assistance thru Congressmen.

    Some of us have got a response :cool: from DOL already about it, so go to http://immigrationvoice.org/forum/showthread.php?t=19432 for more details and participate.

    Regards,





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  • alex77
    10-18 05:15 PM
    Bad..In that case, how can you be sure that they have filed your I140? Not sure if USCIS can provide receipt number based on your name and DOB but you may try calling them.

    The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.





    hur11
    01-22 07:26 PM
    http://www.murthy.com/news/n_inseb2.html

    Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.





    ivar
    01-21 04:23 PM
    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12



    Sathweb,

    Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.

    Applied for 1st PERM in Mar2006
    Got my PERM approved in Nov 2006
    Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
    Joined new company in Mar07
    Than followed the July 07 fiasco and missed my bus
    New employer filed for PERM in JUN/JUL 07
    Got Audit, Sent Audit reply, Got Denied
    Re appealed against my wishes.
    Ran all the ad campaign and GC process again.
    AFter all this now waiting for earlier PERM TO be withdrawn..

    Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.