Sunday, June 12, 2011

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  • bitu72
    01-10 11:25 AM
    threat of losing your job is very every prediction says its going to be more bad..

    i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced

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  • ChainReaction
    08-04 07:53 AM
    08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

    * The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
    * For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
    * The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.

    We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07

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  • Jaime
    09-12 04:41 PM
    Next is Baasha :D:D

    And your profile says you are not coming to rally, why so?

    Hey Nave! Come to the rally! We don't want "nave" to join "ranga", "billa", "pablo" and "echo" in the Reverse Brain Drain! Join us! You can still make it! We can help you with travel funds if needed!!

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  • meridiani.planum
    07-10 09:22 PM


    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending


    1. Does L1 period is counted for H1 extention?

    -- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.

    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?

    yes, he will get a one year extension since his LC is atleast one yaer old.

    3. What if the old employer revokes his I140 now? His GC process is invalid?

    yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

    4. If we leave about GC, Can he do H1 transfer atleast?

    yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
    He will also need a copy of his labor certificate to be able to file a transfer+extension.
    At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved


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  • mohican
    02-14 04:36 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.

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  • zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..


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  • ram006
    07-19 07:56 AM
    Thank you all for reply. I'm refiling my wife's 485 today, fingers crossed! Will update the forum as I get any info from USCIS.

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  • PD073102VA
    05-21 06:45 PM
    Yes, you will be allowed to get one year extensions if your labor certification was filed before the start of your sixth year. But still you need to get clarfication from an attorney. I talked to one and she told me that since mine was filed RIR and passed the state stage and I was safe but if you filed in Non-RIR and no recruiting has been done then you may not be safe.


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  • RandyK
    11-28 11:47 AM
    I guess we have to keep all this in mind when we ask for a bill that would solve the retrogression problem. Solving one problem and getting into others and ending up in the same place does not make sense.

    Maybe we can suggest some relief measures to be added on to SKIL or CIR bill itself anticipating what USCIS, FBI and whatever other relavent organization is going to face, specially if something like the CIR passes, there is no way the current setup will be able to absorbe 12 to 20 million more cases even if they are added to the back of the list, giving priority to who is already in the pipeline.

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  • waiting4gc02
    11-16 10:34 AM
    Is it required to inform USCIS after you change jobs after 180 days using

    Is it safe to say that if your GC applying company does NOT revoke I-140 after you change jobs, that you are OK not to tell USCIS about your change ?



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  • geniousatwork
    09-01 03:49 PM
    Congratulations !!! GOOD LUCK to all the people awaiting approval notice.

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  • sai
    05-25 06:49 AM


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  • sureshvd
    10-15 11:25 AM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.

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  • franklin
    07-17 05:37 PM

    You seriously think anyone is going to answer given your user name?!


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  • willigetgc?
    12-09 01:29 PM
    EB2 India - No movement 08/May/2006
    Eb3 India - 10 day movement 22/Jan/2002 to 1/Feb/2002

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  • Eternal_Hope
    02-08 08:48 PM
    There are two aspects of free trade - free flow of capital and labor.

    Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
    1. Labor flow to where the work is (from developing countries to developed countries)
    2. Work transfer to where the labor is (outsourcing)

    Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.

    Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.

    Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.


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  • GCOP
    12-08 02:03 PM
    Friends, I already have expressed the views regarding Recapturing/ temporarily increasing Employment Based Visa Numbers for Greencard, on website . I have been getting E-mails from Transition Team. I have pasted this recent E-mail which is about Meeting with Transition Team. I think, IV Core Team members or/and people living around Chicago area should arrange meeting with Transition Team, and express and suggest our ideas regarding Recapture/Temporarily Increase EB greencard Numbers to clear the backlog.

    Your seat at the table‏
    From: John D. Podesta, Obama-Biden Transition Project (
    Sent: Sat 12/06/08 10:30 AM

    Everyday, we meet with organizations that present ideas for the Transition and the incoming Obama-Biden Administration. In past transitions, meetings like this have been held behind closed doors.

    Not anymore. Today, every Obama-Biden Transition staff member received a memo outlining the "Seat at the Table" Transparency Policy. I've included a copy of it below.

    The policy is pretty simple: the people and groups we're meeting with, the subjects of the meetings, and any documents shared in the meetings will now be made available on Most importantly, the American public can weigh in with comments or their own materials.

    Read the memo and watch our "Seat at the Table" video:

    This is our latest step toward a more transparent and accessible Transition. We look forward to benefitting from the many more voices that will now be a part of the decision-making process.

    Thank you,


    John D. Podesta
    The Obama-Biden Transition Project

    From: John Podesta
    To: All Obama-Biden Transition Project Staff
    Date: December 4, 2008
    Re: "Seat at the Table" Transparency Policy -- EFFECTIVE IMMEDIATELY

    As an extension of the unprecedented ethics guidelines already in place for the Obama-Biden Transition Project, we take another significant step towards transparency of our efforts for the American people. Every day, we meet with organizations who present ideas for the Transition and the Administration, both orally and in writing. We want to ensure that we give the American people a "seat at the table" and that we receive the benefit of their feedback.

    Accordingly, any documents from official meetings with outside organizations will be posted on our website for people to review and comment on. In addition to presenting ideas as individuals at, the American people deserve a "seat at the table" as we receive input from organizations and make decisions. In the interest of protecting the personal privacy of individuals, this policy does not apply to personnel matters and hiring recommendations.

    The following information will be posted on our website:
    1. Documents: All policy documents1 and written policy recommendations from official meetings2 with outside organizations.
    2. Meetings: The date and organizations represented at official meetings in the Transition headquarters or agency offices, with any documents presented as noted above.

    This scope is a floor, not a ceiling, and all staff are strongly encouraged to include additional materials. Such materials could include documents (recommendations, press releases, etc.) presented in smaller meetings or materials or made public by the outside organization without a connection to an official meeting.

    If you have any questions as to whether documents should be included, please email [REDACTED].

    Prior to an official meeting with an outside organization or organizations, Obama-Biden Transition Project staff members will inform attendees that any documents provided will be posted on our "Seat at the Table" website found at Suggested language for email invitations is: "By presenting or submitting any document at a meeting with the Obama-Biden Transition Project, you agree to allow the document to be made public and posted on" At the completion of each meeting or upon receipt of such documents, Transition staff will provide the documents to [REDACTED] with the date of the meeting, a list of the organizations in attendance, and the topic of the meeting.

    1) This policy does not apply to non-public or classified information acquired from the Agency Review Process and internal memorandum.
    2) An "official meeting" is defined as a meeting with outside organizations or representatives of those organizations to which three or more outside participants attend.

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  • diptam
    06-23 09:17 AM
    If i apply 485 now and Ead/Ap later after August Bulletin can we avail
    Free EAD/AP ?? That will save $350 together !

    I mean is that possible - what's this Free EAd/ap deal ?

    dont forget july 4th is a when they come back on the 5th they will have applications touching the roof.

    but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.

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  • Jaime
    02-03 04:56 PM
    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link -
    For I-485 see current visa bulletin -

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!

    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?

    12-01 03:46 PM
    I have the exact same scenario :(
    i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who wasted on EAD.

    05-21 09:54 AM
    from one of the attorneys. Not sure if anything changed in past 18 months.

    Attorney posted December 08, 2006 03:06 PM
    If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.

    Attorney posted December 20, 2006 05:00 AM
    What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.

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