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  • fromnaija
    04-13 05:18 PM
    IF he transfers to a function that is significantly different than his approved labor certification he may have to restart his GC application by filing a new LC application. However, since GC is for future job and if his employer will agree for him to go back to his previous practice then he may continue with current GC process and change when 485 is approved.

    All,

    My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?

    Can anyone here provide some guidance or point him to the right discussion thread?

    Thanks!!!





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  • freddyCR
    January 31st, 2005, 09:16 PM
    thanks ;)





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  • desi3933
    02-24 10:58 AM
    Currently my wife is on H4

    I'm planning to file H1 for my wife ....

    How can you file H-1B for your spouse? Please explain.





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  • fromnaija
    06-21 01:44 PM
    You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
    If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.


    For when you already filed I-485.
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf


    For when you have not filed I-485
    http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf

    Quote from page 27 of above document when you have not filed I-485

    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).



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  • maverick80
    02-11 06:40 AM
    I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

    We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.

    This would be totally awesome coz I would love to work in some other country for a while.

    Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.





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  • bathuzp
    12-09 04:21 PM
    thank you very much for your reply.

    I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?

    Thanks



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  • whattodo21
    01-28 09:15 AM
    If waiting for decades is not considered backlogged, don't know what it should be called!





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  • GCBy3000
    07-19 11:25 PM
    Mostly IV and Immigration committee chair women, but how does it matter now.



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  • Green_Always
    07-28 08:20 PM
    fyi

    Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)





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  • vjverma
    05-23 06:40 PM
    Called both the senators. Specter's office said that the senator won't be proposing any amendments.

    Basically, standard reply from both, they realize that there are holes and they will keep our feedback in mind.



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  • Blog Feeds
    09-07 07:00 PM
    What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.

    The Justice Department announced that a federal grand jury in Honolulu
    indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
    Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
    recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
    forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
    across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
    labor of three Thai guest workers.

    If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
    Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.

    Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.




    More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)





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  • rajeshraipv
    08-22 04:01 PM
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  • kishdam
    03-10 10:39 AM
    we are going through it right now.
    planning to file g-28 only and not AC-21 letter.

    Will wait for a RFE to send a AC-21 letter.
    Are you self filling G-28 or doing through another lawyer?
    Thanks

    Thanks for the info.

    Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.

    I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).

    If RFE does come at some point - do you know how much time we typically have to reply?





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  • INDIAUSGC
    06-12 01:52 PM
    Gurus..

    My labor has been pending from Jan 03. I am having a combined Bachelor's degree which was not mentioned in the Form 750A[mentioned as Bachelors] I came to know that couple of days back after my attorney informed me that she had sent a amendment latter to change my status two months back after waiting for 3 long years to add "combination of Bachelor's degree".

    Should I be really worried at this stage and did any body had this problem or did you amend the 750A form from PBEC.

    Guru�s please giving your advice.

    Indian-US-GC.



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  • amitjoey
    07-03 05:27 PM
    Hi guys
    thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
    Which is correct? Any help.
    thanks

    I485 approved means GC Approved.





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  • Aura M.
    01-23 08:44 AM
    Good morning all of you:
    If you had the experience of renewing your H1B visa could you please advise how is the process?
    Thank you for any feedback .



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  • PD_Dec2002
    08-27 03:10 PM
    I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.

    In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?

    All your answers in the "Travel out of country and re-entry during/after 485 filing" forum: http://immigrationvoice.org/forum/forumdisplay.php?f=76

    Thanks,
    Jayant





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  • jkamel5
    04-07 04:48 AM
    Hi,
    I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.

    My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.

    As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?

    Please advise me if I should stuck with the company lawyer or it does not matter?
    Thanks





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  • sandiboy
    07-19 03:45 PM
    How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:


    There is a thread going on with this discussion:
    http://immigrationvoice.org/forum/showthread.php?t=10428

    It is processed per RD, but approved per PD.





    131313
    September 14th, 2005, 04:58 PM
    Dude. Your "Bloody Eyes", "Ozzfest 2005", and "John 5" rock.
    Who are those guys, bloody eyes, and the guy with glasses in the Ozzfest 05 photo? I guess I don't know who John 5 is either, looks like he'd play for MM. ...guess other than Sabb and Maiden, arenarock aint my thing.
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    agadre
    04-18 11:44 PM
    With EAD, or AP for travel, it is important to apply renewal of documents exactly 120 days prior to current document�s expiration date. If you file the renewal application earlier than 120 days prior to expiration, the USCIS may deny the application. In your case, if AP expires July, then return before the date to avoid issues. Plus, if EAD is current, then there should be no problem with entering U.S again. I am out of work and not risking it with out of country travel. Check with lawyer. That is important. Two years back, I returned with AP and faced questions at the airport. Check with lawyer before leaving. Why we do these hoop is known only to the almighty. Better to love someone here and settle with life. I am exhausted with all such documents. I have delayed marriage for GC.

    What questions did you face at the airport? Was your AP valid when you returned or had expired. Was your EAD valid when you returned? I am thinking of traveling with my family in next few months and my docs are all valid till end of this year. Would that pose any problems?