Wednesday, August 10, 2011

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  • kirupa
    12-01 07:35 PM
    Hi allnaturaldmt!
    Are you able to access the XML file using just your browser? You don't need a crossdomain file if the XAP is located in the same domain as that of your XML file - which it seems to be based on your description.


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  • Gravitation
    06-05 09:19 AM
    They're not doing it in any order.

    Keep checking your status here:

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  • aranya
    06-01 04:10 PM
    It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.

    Here�s my situation:
    Category: EB2
    PERM approved.
    I 140 approved.
    PD � Dec 2007.
    H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.

    I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.

    1. Will I need a new H1-B? If so, for how many years will I get it?
    2. When I apply for a new PERM, will PD of Dec 2007 still be valid?


    1. You will need a new H1-B with a new LCA appropriate duties and responsibilities, wages etc.

    2. Yes. You can retain the old PD with the I-140. Take care to note that that you are not applying for the PERM but your company will be and your company may or may not find qualified citizens/permanent residents. You do not and should not control the recruitment process.

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  • pdt
    06-14 04:42 PM
    Both NIW and Eb-1a are DIY, so I do not have a lawyer to ask. It would be appreciated if you can share the response from your lawyer.

    I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.

    I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.


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  • qasleuth
    05-15 11:48 PM
    Can someone shed light on this topic?

    I know Writ of mandamus cases are common for FBI name check delays.

    What about AC 21?

    When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

    What are the costs involved?

    How much time does it take to get a ruling from the court?

    Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."

    The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.

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  • radosav
    07-31 09:56 PM
    why havent you included july filers in the timetable?

    or you just want June filers to vote?


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  • sri1973
    07-18 03:26 PM
    Hello All,
    Brief History: I am working for a Food Processing company (A) in R&D. Company A was my sponsor for GC. I have been on EAD since Oct 2007 (filed 485 during July-Aug 2007 time period) :) . My I-140 was approved Jan 2007. My GC application was started in Apr 2006 - Perm process. Also, i still have my H1B(Extension) valid until Apr 2010. Company A uses a consulting firm for roughly about 25 - 35% of R&D projects.

    Reason to change: I believe this opportunity will have a significant change/growth to my career.

    Questions: :confused: Can i change my job to the consulting firm using EAD? What are the consequences i should expect from USCIS? Does the Consulting company have to get involved with any Immigration fillings?
    If i decide to work for the consulting firm, i will still be doing the same job for Company A but as a consultant + I will have additional projects with other Food Processing companies. I think labor application job description won't change (Company A to Consulting Firm) and this is where i struggle to understand the rules. Need your thoughts and Advice.
    Appreciate your help and Thanks for your time.

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  • wandmaker
    03-19 12:41 AM
    My PD is Feb 2007, EB3 category.
    My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
    I have an EAD.

    My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.

    Per past trend, USCIS sends RFE, NOID, Denial notice within few weeks of processing I-140 revocation. There is no definitive timeline, it could come anytime.


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  • ramaonline
    01-10 06:31 PM
    This has been discussed in so many threads
    Once you change to AOS and invoke AC21 after 6 months, you can choose to do nothing or even be without a job. The only thing thats important is that the job offer should be available at the time of 485 adjucation.

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  • boom
    01-13 08:03 AM
    I am having the same issue.Applied AP online on 1/10/11.Got receipt no and Application as PDF.I have the Receipt no and sent all supporting document with LINXXXXXXXX no.But I have been trying to add the case no to my profile and it says not found.I am not sure what can I do or wait for more days.



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  • gskang
    02-22 11:50 AM
    Hello There,

    Thank you taking time to go through the details.

    My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.

    Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.

    My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
    I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.

    My questions are:
    1: What steps should I take to save my immigration status?
    2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
    3. Can my H1B be renewed as it has already expired?
    4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
    5. Have you experienced any cases similiar to mine and what were the outcomes?

    Please, let me know your thoughts as your expertise can certainly help me save my career.

    Thank you again for your time and consideration. I look forward to hearing from you.


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  • meridiani.planum
    10-19 02:22 AM
    b1 and h1b are trade issues.
    eb visa is an immigration issue.

    could'nt have put it better myself. B1 and H1 has direct impact on the businesses in India (who are BTW paying lobbyists to influence ministers and trade groups to make such requests to increase the visas). Why does anyone in India care what the EB visa limit it?


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  • gcdeena
    12-17 12:28 PM
    I-485, EB visa processing time for TSC is showing as Mar 26 2009. is it going to be true or typo?

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  • gsudhesh
    02-25 10:34 PM
    Hello - I found this article ( helpful, but am having problems when I publish it on the web server (Windows 2003 IIS) - I get the same message - i.e. The type or namespace name 'SpeechSynthesizer' could not be found (are you missing a using directive or an assembly reference?) on the server in the Event Viewer. Is there special configuration or files required on the server before you can publish the speech to text files? Any help would be appreciated.

    u need to install microsft speech sdk ...........


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  • number30
    05-24 11:08 PM
    my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.


    NO. I-864 is for family based cases only. Some people include I-134 But not required

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  • javadeveloper
    08-13 11:27 PM
    No one Interfiled so far??


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  • GCwaitforever
    06-27 10:06 AM
    In addition to doing QA, please continue with your current responsibilities also so that job profile would not alter too much from what is given in the beginning.

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  • GC_ASP
    09-25 02:11 PM

    I already searched that forum. But it seems all of his posts were removed. I searched PAPPU's posts. i was able to access only last 500 posts by him.

    thank you.

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  • morchu
    05-18 11:58 AM
    True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").

    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Member of north calif
    dontation : $500

    Blog Feeds
    08-07 09:40 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases ( As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.

    More... (

    05-30 09:00 AM
    Good work Patel

    Immigration Voice has been featured today's Baltimore Sun Headlines. Given that many of the Lawmakers and their Staff reside in the Baltimore area, we're sure that this will be a great positive impact for our cause. Thanks to our member Raj Patel for volunteering for this effort.,0,682133.story?page=1&coll=bal-local-headlines

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