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  • akhilmahajan
    04-23 07:55 AM
    I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.

    I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.

    I am novice in this area.
    If there are any other ways to find out, can anyone shed some light on it.

    Thanks.





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  • indyanguy
    09-15 02:15 PM
    How long do they want the EB3 NSC I-140s to suffer? Get us out of this black hole !!! :mad::mad:





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  • bharani
    04-28 03:46 PM
    Some one please advice!!!!!!

    Please go to the page http://immigrationvoice.org/forum/index.php
    Select the forum and post a new message using Forum Tools.

    Good luck.





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  • pappu
    12-15 10:54 AM
    You are in a good position.
    - hire your own lawyer
    - have the lawyer directly talk to your HR. dont confuse HR with websites and all the info. make their job easy by having them just sign the papers for you
    - keep a copy of all documents with you that the lawyer files or gets from HR



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  • Beemar
    01-31 10:42 PM
    I feel stupid replying to this totally irrelevant thread, but I will reply any way. Your bill is for two and a half months duration. That makes it a monthly bill of around $350-360 or so. These are winter months, meaning you must be operating heater full time. If you heater is on a "always on" setting instead of "auto" setting, and you happen to keep any windows in your apartment open all the time,then that alone is sufficient to do you for. Also, if your kitchen burners/oven run on electricity instead of gas, that could also jack up the bill. Taking into account all these factors, it does not sound all that unreasonable, does it? Just check these points before shouting murder.





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  • jediknight
    10-23 12:57 PM
    I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(



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  • immi_enthu
    08-28 10:40 AM
    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

    kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?





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  • bigboy007
    06-04 12:58 PM
    i too think so they wont drag it more



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  • vikramy
    06-22 10:22 AM
    Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.

    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?





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  • goel_ar
    12-19 11:05 AM
    My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

    Thanks,
    LG.



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  • gcformeornot
    04-30 09:21 AM
    out... that's from yesterday....





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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!



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  • sparky_jones
    04-01 04:10 PM
    I also got an sudden status update on Jan 7, 2008 that a notice was returned undeliverable on Nov 5, 2007. There was not status update before that. I took an InfoPass appoitnment. The agent at the appointment told me that everything looked fine on my case and she couldn't tell why my online status indicated that something was returned.

    I would say...don't bother about it...but if you really want to be sure, take an InfoPass appoinment and check it out.





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  • jnraajan
    09-23 05:22 PM
    I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.



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  • adhantari
    07-29 03:34 PM
    ?????????





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  • gc_eb2_waiter
    03-28 03:25 PM
    This is really a great effort to bring all immigration related information under one roof.

    I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.



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  • speedo
    08-14 07:34 PM
    when is your appointment? what city?





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  • stemcell
    10-05 10:19 AM
    dude, leave alone pr, i have a canadian passport, this cbsa (canada border services agency) lady one day asked me "who are you going to meet in canada?"
    i could not believe the stupidity of this woman. So, i replied "mr. Dhurandhar bhadvadekar"..
    She waited a second to digest it, then said, "okay..go..!!"..

    lol





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  • tabletpc
    05-28 11:43 AM
    gc_on_demand
    when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
    or can I jsut apply for 485 with previous company labor and i-140 approval...??





    lord_labaku
    11-14 12:40 PM
    To the OP, I have a suggestion for you. Please try this in very good earnest.

    Imagine in your mind, all through the weekend that your approval will come on Monday. Your priority date is current. You exhausted all options. You are very close. Maybe the IO has picked ur file & gone on vacation...maybe he will come back this weekend & just send an approval on monday. You have paid ur dues...u r very close....just relax. On renewing EAD & AP....just go ahead renew them...that will send another trigger for approval.

    But the bottomline is - just imagine that u have already gotten ur approval.
    Forget browsing immigration forums...forget logging into USCIS...forget about 'GETTING' the GC....just imagine that u 'ALREADY GOT IT'.

    It makes a huge difference. trust me.





    msr1234
    04-16 05:03 PM
    Yes, Today morning



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