Monday, June 13, 2011

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  • GoneSouth
    03-21 10:40 AM
    Hi Nickhil,

    See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

    You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

    With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

    - gs





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  • GKBest
    09-29 03:24 PM
    Looks like an unique situation...no reply from anybody...

    I'm just wondering why would they waive the fee. Are you exempt from paying?





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  • singhsa3
    09-28 09:39 PM
    Our appointment was at 9:00 Am but due to NJ traffic we reached at 10:00 AM. We both were worried that we may be turned back but it turnout that they had given 9:00 AM appointment to everyone.

    As soon as you will go on the second floor you will be handed over a cardboard with an application to be filled by you. Fill that application and wait in a line to be called by a clerk for checking your ID and hands. The person will closely check your hand, most probably to make sure that they are good for FP.
    Once she is satisfied, you will be given a number and asked to be seated in a big hall. Your number will be called and the person will take FP for every fingers in your hand. You will also be photographed.
    The whole process took us an hour.
    Just one more thing, plenty of parking is available in front of the prudential building.

    Good Luck





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  • ashutrip
    06-18 09:38 AM
    Yeah, Atlanta is hatching eggs with our PERM applications.
    whats ur PD mine is march 10 2007



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  • insbaby
    08-18 10:23 PM
    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.

    Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.

    What made USCIS think that your educational background is not Computer Science? any idea.





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  • insbaby
    11-12 07:56 PM
    The site appears to be latest. And here is the content

    ------------------------------------------------------
    Who Can Apply in Mexico

    * Applicants seeking to renew their C1/D, D, F, H, I, J, L, M, O, P and R visas, if the initial visa was issued in the applicant's home country or at one of the border posts in the past few years.

    I guess, if your first visa was issued in the home country, you should be ok to renew before it expires

    Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States. Every effort will be made to expedite these procedures; however, it is not possible to guarantee completion of this process by a particular date.

    PIMS !!!

    ------------------------------------------------------

    Who Cannot Apply in Mexico:

    * Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
    * Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category

    I guess, this may be the visas expired, continuing on valid I-797 and trying to get new visa on the same category, I am not sure, difficult to interpret

    * Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.

    I guess, if you change from F to H, you may be in this category, I am not sure, difficult to interpret

    * Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
    * Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
    * Applicants who obtained their current visa in a country other than that of their legal residence.
    * PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.

    *TCN Visa Renewals– Before deciding to apply at a consular section in Mexico, third country nationals should keep in mind that traveling to the country may require the appropriate Mexican visa from a Mexico’s embassy or consulate before making the trip. Potential applicants should be sure they have a visa, if necessary, and are prepared to wait several days in Mexico while their visa is being processed.
    ------------------------------------------------------



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  • kirupa
    10-05 09:00 PM
    I stickied it - I'm not sure how the rules work in Battle though, so maybe it isn't meant to be stickied. If it gets unstickied, I'm sure I broke some rule :)





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  • praveen888
    04-09 09:45 PM
    Ken,

    I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.

    We never worked in FL state.

    My case is tranfered on 8th April'08 and a LUD today(9th April 08).



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  • pbuckeye
    04-29 09:58 AM
    Thanks IV team.

    Does IV know if Schumer is getting any traction after meeting with other republican lawmakers? Lugar indicated previously that he is interested in the EB part.





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  • jediknight
    03-13 11:41 AM
    The 60 rule is a senate rule and only makes the status quo folks happy.

    You cannot get anything done with 60 votes. California has the same problem with the budget requiring 66% votes.

    BTW, if you are a republican the reason that the Bush tax cuts are going to expire next year is that they were passed via reconciliation. So I am going to be paying more taxes next year.

    I will be paying more taxes if Healthcare reform passes too, but I still oppose the 60 votes stupidity.

    Once a party wins the majority, I expect them to get do the stuff they promised. If they do stuff that everyone dislikes, they will get voted out and then the other party can do what they want and the cycle will continue.

    The reason that we can't get Immigration reform is the minority party has too much power and to only way to wield it is to block, block, block. The Democrats also did this when they were in the minority.

    - JK



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  • javaconsultant
    03-23 12:03 PM
    Guys,

    Can we contact Center for Community Change for our cause ?

    I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
    a program of Immigrant Rights.

    http://www.communitychange.org/


    Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!





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  • pani_6
    08-17 04:01 PM
    Why not FedEx?

    fedex des not deliver to PO boxes



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  • LondonTown
    05-23 12:21 PM
    Only one application is needed.

    I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.

    Your LCA's and I-129s end date should be the date after one year plus days to recapture.

    Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.


    Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
    Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
    Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
    Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
    I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
    Please help .





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  • mohican
    02-18 02:58 PM
    take into account that there was holiday season in between



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  • acecupid
    06-12 03:58 PM
    This is terrible news !:eek:





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  • Dipika
    08-04 09:07 AM
    Signature is updated.



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  • Immigstories
    01-17 07:17 PM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.





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  • India76
    09-17 01:48 PM
    Or you guys think I should go ahead and stamp a visa (too much hassel/time/money involved though)?
    I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...





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  • bigboy007
    02-12 05:50 PM
    I have asked more than a couple of friends to join IV today and contribute to their efforts. Still snail mail is the best way to send letters or else IV could have already mentioned about Faxes where the same can be achieved in minutes.

    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    !?
    Question is asked when they sign in... or login to the website!





    n4nature
    02-05 01:22 PM
    From your description it looks like you are moving to a new company.

    I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.

    Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.

    I was a test engineer before - so I have to use "test engineer" only. I did quite a bit (50%) of automation also, but I don't think I could get it as 100% in the "letter". So you don't think that test engineer position would qualify for EB2? What would INS normally do in case if I went ahead with test engineer position in EB2? I know they ask for Business Necessity letter and if I provide that and they still don't concur, would they reject my LC application altogether? Or they also could approve the same LC for EB3?





    insbaby
    11-12 07:56 PM
    The site appears to be latest. And here is the content

    ------------------------------------------------------
    Who Can Apply in Mexico

    * Applicants seeking to renew their C1/D, D, F, H, I, J, L, M, O, P and R visas, if the initial visa was issued in the applicant's home country or at one of the border posts in the past few years.

    I guess, if your first visa was issued in the home country, you should be ok to renew before it expires

    Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States. Every effort will be made to expedite these procedures; however, it is not possible to guarantee completion of this process by a particular date.

    PIMS !!!

    ------------------------------------------------------

    Who Cannot Apply in Mexico:

    * Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
    * Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category

    I guess, this may be the visas expired, continuing on valid I-797 and trying to get new visa on the same category, I am not sure, difficult to interpret

    * Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.

    I guess, if you change from F to H, you may be in this category, I am not sure, difficult to interpret

    * Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
    * Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
    * Applicants who obtained their current visa in a country other than that of their legal residence.
    * PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.

    *TCN Visa Renewals– Before deciding to apply at a consular section in Mexico, third country nationals should keep in mind that traveling to the country may require the appropriate Mexican visa from a Mexico’s embassy or consulate before making the trip. Potential applicants should be sure they have a visa, if necessary, and are prepared to wait several days in Mexico while their visa is being processed.
    ------------------------------------------------------



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