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  • butterchicken
    04-28 02:10 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.





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  • srgadi
    06-30 12:46 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.





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  • gc_check
    04-29 09:24 AM
    Well, The Travisa & Embassy web site recommends not to book tickets.

    Travisa is very good in updating the status at each step. In my case, my son's US passport was submitted on a Friday to Indian Embassy and they processed on following Monday and returned to Travisa on Tuesday, Although Travisa updates, they shipped passport/pio to me on Tuesday, It left the facility only on Wednesday and I received next day.

    I personally will wait till I secure the documents in hand before any travel arrangements.





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  • needhelp!
    11-05 06:27 PM
    ..



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  • hopefulgc
    09-12 12:45 PM
    Lets start IV wiki then....
    and people here who are going through the process can contribute to it first hand.... coupled with moderation from admins.

    What say IVians?




    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html





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  • wandmaker
    07-19 04:34 AM
    I am on EAD currently. Priority date is Nov 2004 (EB3).
    I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.

    I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.

    Please point me to any thread if this has already been discussed.

    Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.



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  • piyu7444
    09-15 11:56 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !

    Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......

    I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.

    I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........

    Ensure that w-2 has the correct numbers else it can be trouble.

    Consult a lawyer as all the above is my experience and limited knowledge.......

    Hope it helps!!





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  • thomachan72
    05-15 04:20 PM
    I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.

    your PD is 2006 and you got the GC? please correct your PD.



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  • dixie
    09-27 12:45 PM
    http://www.amazon.com/Flight-Capital-Alarming-Americas-Brightest/dp/0891062025

    This is an excellent book .. a must read for all those xenophobes, restrictionists and lawmakers who believe we steal american jobs.
    Wonder if contacting the author David Heenan will be of any help ?





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  • ayaskant
    02-01 10:20 AM
    Thanks kanshul for ur reply. What is your suggestion for me.
    Should I stick onto my current employer.
    Do you have any clue when will be the date current for me.Any chance in this year?
    My clients have made my life hell forcing me to join in the company as permanent.



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  • honeyB
    01-23 04:21 PM
    bump





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  • Munna Bhai
    12-19 02:01 PM
    I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.

    the companies which i have worked for they no longer exists.

    ofcourse that is what they want,the job description. What you have done during those 7 years. You need to put that in experience letter.



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  • newyorker123
    09-28 03:21 PM
    How long did it take for you after filing the FOIA to get the concerned documents ?


    Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.

    But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).





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  • r2i2009
    09-10 10:54 AM
    Guys,

    This is election time and no immigration bills will be taken seriously until mid next year. Let us stay calm and cool.

    Still have friends from EB2 2002/03 not gotten their GCs...

    Patience is the key.


    Election time....immigration issue has zero value



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  • a_yaja
    01-08 09:25 PM
    free "EAD and AP" for life what are you talking about??
    People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.

    Look at the "Special instructions" sections of the following URL:

    http://www.uscis.gov/i-485





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  • samrat_bhargava_vihari
    02-05 04:12 PM
    Guys,
    Don�t spread false information if you don�t know.

    Possibility -- Yes

    Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.

    Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
    -------------
    I am not a lawyer use this information at your own risk.



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  • dhirajgrover
    08-10 12:51 AM
    What's the current status?





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  • gconmymind
    11-14 11:59 AM
    I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
    As some stupid questions:
    - I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
    - If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
    - Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
    - any small clue will be greatly appreciated.
    Thanks.
    - The A0XX XXX XXX is the A number or alien number
    - Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
    - No one knows when you will get your GC. Your PD is old so you may get lucky soon...





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  • andr.in
    10-05 03:44 AM
    It was all done in 3DS MAX! =)
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    btw: I made the sig today and it took me about 10 minutes or so... =)





    django.stone
    02-24 12:18 PM
    Koi shak? (Any doubts?)

    We are lucky to have been the generation to have watched Sachin. Hope he keeps going for few more years.





    senthil1
    07-05 10:44 PM
    Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable

    Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore

    They seem to be a bunch of chaotic confused folks and don't know what they want.



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