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  • bigsky
    10-17 06:43 PM
    I received a letter from BEC and it says
    This Notice of Findings is the Department�s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?




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  • jambapamba
    07-20 07:53 AM
    If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.


    What is wrong with taking Hope credits ??




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  • Libra
    10-12 10:22 AM
    LUD 10/03/06 before getting RFE, after submitting RFE documents there were two LUD's 10/04/07 and 10/05/07.

    Naresh/Libra,

    What was the LUD on your I-140 before you got the RFE ?
    In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.

    gxr




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  • pd_recapturing
    08-05 10:31 PM
    One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.



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  • waitnwatch
    05-30 01:36 PM
    I understand if someone was stuck in BEC, we all got s****ed with that.
    But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.

    PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.

    I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.




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  • gcadream
    02-25 07:54 AM
    That is really cool man !!
    2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
    Thanks for sharing with us, lets see how the ball rolls out for me.



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  • ramus
    06-20 01:11 PM
    I would suggest to go with EAD and AP for spouse as its better then H1B.

    You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...

    But for you, I would say just use H1B as long as you can.



    You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
    Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
    Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.




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  • kumargn
    11-15 08:24 PM
    I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..



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  • chanduv23
    07-21 03:17 PM
    I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens




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  • peer123
    04-09 11:15 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help
    bumping it up... - please provide your input



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  • ita
    01-23 01:26 PM
    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.




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  • gcformeornot
    04-06 02:07 PM
    For those who have Labor Sub and used AC21 to port employer....read on...

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)



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  • vsc
    01-31 06:44 PM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?




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  • Danko
    01-06 07:36 AM
    I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers.

    Sounds like a conflict of interest then:

    kirupa.com - Shocked Resource for Making Designers better Developers!
    :beam:



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  • wandmaker
    08-11 06:45 PM
    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)




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  • gcpain
    06-25 11:10 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.



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  • gc_on_demand
    08-13 02:19 PM
    Any hope for Jan 2008 PD to get EAD..




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  • sri1309
    12-08 07:05 AM
    Hi All,
    I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
    I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
    I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
    I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.

    My questions are -
    1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
    Absolutely, just have some experience with a Komputer software, they call Microsoft Outlook. Its actually a suite of products, Office, word and excel. It can get little tough initially, but as you know fruits will be bitter, when you get trained in such a tough course. Set aside 1-2 months in a week, for this.
    2- If I have to go back to school what major will I need to take? Any specific requirements?
    I'd not waste time for school. See 1. A simple course is sufficient.
    3-I have a bachelors but not in engineering- can I go straight for a MS in computer science or will I have to do a bachelors in Computers first.

    See 1. Dont spend anytime in MS or PhDs.

    4-How's the current job market and and also if you have any idea/view about future job scenario?
    Current job market is booming. You may have seen job losses in other fields, but in IT, its not the case. I was making $125K 3 months back and now I am switching jobs as I have 5 offers, offering me more than 200K. My employer is begging me to stay.
    5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
    Absolutely, 50% in this forum are same like you. Me too.
    6-Also if somebody can give an idea about salaries in computer related fields?
    Point 4 answers.

    Have a good day guys and thank you in advance for your views.

    Hope this helps too. I fully agree with Lord.
    So how long have you been in the US.




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  • jonty_11
    11-02 10:18 AM
    It depends what you wrote down in your labor application. You can mention that job is consulting and clients are all over Continental US. I am sure you employer must not have told you that and didnt apply that way. Typical of consulting firms, so taht they can get you to pay another labor..which they can use for substitution.
    So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.




    VivekAhuja
    06-04 02:22 PM
    A few months of bank statements (with most recent balance)+ your tax docs for last year+ W-2 and most importantly a letter from your employer saying how long you have been there, salary and benefits, if any - should suffice.




    SlowRoasted
    06-13 01:18 PM
    i dunno, its probably some crazy formula it goes by. Any math wizes here?



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