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  • eb2_immigrant
    09-08 02:11 PM
    There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8.
    RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.

    What could be the RFE for her AP, other than photo? Any clues?
    Are the GC numbers available for EB-2 India for new approvals?

    I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.

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  • paskal
    08-28 12:57 PM
    but hopefully a lot less :D

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  • pasupuleti
    04-04 03:20 PM
    Here is the link explaining contributions to IV are legal..

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  • slc_ut
    09-02 04:48 PM
    I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.

    U.S. Department of Labor
    Employment and Training Administration
    200 Constitution Avenue, N.W.
    Washington, D.C. 20210

    Aug 28 2006

    <My name here>
    <My address here>

    Dear Mr. <My name here> :

    Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.

    We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.


    <Signature here>

    William L. Carlson, Ph.D.
    Office of Foreign Labor Certification


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  • HV000
    07-27 10:12 AM
    Does anybody know if there are any SENATE amendments (Clearing EB BACKLOG) attached to the DHS APPROPRIATIONS BILL??

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  • vedicman
    08-10 08:32 AM
    H1B status alone shouldn't cause any problems for re-entry, that is just my opinion though.


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  • gijarh
    02-12 01:55 AM
    Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.

    Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.

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  • dontcareanymore
    12-18 05:28 PM

    I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.

    I have 2 questions here.

    1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
    Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.

    2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).

    Please advice, I will really appreciate your suggestions on this ASAP.


    Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.


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  • lorebarba27
    07-30 04:04 AM
    According to new regulations only jobs on Job Zone Five can apply for EB2???

    If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.

    Please advise,

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  • Appu
    08-18 05:00 PM
    What is your Receive Date? Priority Date?

    PD is Nov 2004 (transferred from a previous EB2 filing).
    RD is July 29, 2007


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  • sukisharma
    07-21 07:39 AM
    Thanks for your reply.
    By amendent, you mean we should send a letter with the additional document after we get the receipt? Will USCIS be able to match this additional document with the original file?

    Has anybody done this before? Is there any official regulation on amendent?

    Thanks a million for your help!

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  • vikrant29nov
    03-05 06:32 AM
    Thx :)


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  • logiclife
    06-22 12:18 PM
    Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?

    You are worrying about something too early.

    Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.

    As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).

    If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.

    Anyways, you have a lot to worry about things before April 2008.

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  • sprash
    06-02 05:41 PM


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  • perm2gc
    09-15 10:59 AM

    My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.

    However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.

    Talking to your employer is better than asking attorney.Sometimes Attorny dont respond to the candidate.

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  • nomi
    04-19 08:36 AM
    Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
    Good news is not many ROW eb3 for AUG03. Date will going to move definately.

    I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.


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  • harrydr
    08-26 10:36 PM
    My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
    Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
    A person can EAD only once I-485 is approved? Is that correct.

    Please throw some light on the above points. Thanks in advance.

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  • draino
    04-15 10:38 AM
    Thanks, actually the clouds I took from a tutorial I made for Fireworks and the barn is an idea I'm working on for a website for my brother's farm in Vermont.

    I can see the south park resemblance though.


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  • admsurveys
    10-13 09:25 PM
    My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

    07-19 04:35 PM
    Hi jkid,
    Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.

    Kirupa :)

    02-22 08:43 AM
    Over 500 Indian guest workers sue US company for human trafficking - The Times of India (

    HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.

    If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.

    Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.

    The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.

    The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.

    The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.

    The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.

    According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).

    In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.

    Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.

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