Sunday, June 12, 2011

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  • ivar
    01-21 04:23 PM
    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12



    Sathweb,

    Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.

    Applied for 1st PERM in Mar2006
    Got my PERM approved in Nov 2006
    Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
    Joined new company in Mar07
    Than followed the July 07 fiasco and missed my bus
    New employer filed for PERM in JUN/JUL 07
    Got Audit, Sent Audit reply, Got Denied
    Re appealed against my wishes.
    Ran all the ad campaign and GC process again.
    AFter all this now waiting for earlier PERM TO be withdrawn..

    Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.




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  • eb2_immigrant
    04-28 06:32 PM
    I truly believe India IS a developed country.


    Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day




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  • tom123
    10-08 02:56 PM
    Hi,

    Active trader / Passive Trader hmm !!! interesting.

    1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )

    2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others

    FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )

    Hope you make some money.




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  • mycosmos
    04-27 12:39 PM
    Hi,

    I hope, all is well.

    I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.

    I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.

    I need your help as:

    (1) Can I work on 1099 (as I have EAD & I-140 is still pending)?

    OR

    (2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?

    Please, advise me as soon as possible.
    :confused:


    Best regards,
    Rajiv



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  • Rajwaitingon140
    10-02 05:20 PM
    MYGCBY

    Which Center did you filed your case?

    Thank you
    RajWaitinon140

    Hi all,

    I just got the below update from the USCIS website regarding my case.
    Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...



    Current Status: We mailed you a notice requesting additional evidence.

    we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.




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  • skd
    07-11 12:16 AM
    lets not over do it. There is a thin line between it being tolerated and backfiring

    Yeh over doing it can back fire.I don't thing we should this for more than 12th July



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  • riva2005
    03-20 04:19 PM
    Its coming on the foreground on thursday thru a press conference by Rep Jeff Flake and Rep Luis Gutierrez. Read the breaking news thread from IV core.




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  • xlxoel
    06-08 01:06 PM
    lc03:

    The RFE came with a YELLOW PAGE with the following information:

    SRC XXX-XXX-XXXX

    PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS PAGE ON TOP TO:

    USCIS / TSC
    P.O. BOX 279080
    DALLAS, TX 75227-9080

    So I sent the two pictures with the yellow page on top last tuesday June 2nd 2009, my current status online is CASE PLACED ON HOLD.... I'm waiting for them to change the status.



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  • TomPlate
    07-05 12:47 PM
    Did you guys called... Senior Members please call or search from
    www.switchboard.com




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  • manishi
    11-16 03:46 PM
    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?



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  • immi_enthu
    08-10 04:22 PM
    even if the I 140 address goes to an old address of the compnay why would it go back to USCIS. would it require a signature for it to be delivered ??




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  • rangaswamy
    06-20 08:10 PM
    Has any one here changed their maiden name or their spouses maiden name in the US? I heard that it takes 1 week if one hands over passport and documents in person. I plan to go to SFO CGi to get this done before filing I-485 on Jul 1st.

    I recently got married and did not have time in India to change the name.

    Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
    thanks
    Anand



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  • sailing_through
    02-18 02:29 PM
    oh ok. thanks desi 3933 for rechecking that for me. i think you are right. i found that h4 can only do work for which they are not paid. thank you all guys, you were all a big help..




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  • sidbee
    04-29 09:59 AM
    I truly believe India IS a developed country.

    Sorry , wont agree with you.

    It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.



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  • vinabath
    04-07 11:07 AM
    Thanks to all Guys. I stayed with my current and first employer for almost 6 years and paid my H1 dues. Now comes the freedom from immigration process. I am very happy that my wife will not be in limbo status if something happens to me.

    I hope you guys will reach your destination too.




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  • gc28262
    02-19 08:31 PM
    Please refer this

    http://www.murthy.com/news/n_efftrv.html



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  • darslee
    07-11 01:36 AM
    Anything I can do to help?




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  • ebizash
    05-01 05:13 PM
    I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.

    This is based on my reading up other posts on IV and may not be accurate.




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  • mrow
    07-07 10:21 PM
    My thoughts:

    My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.

    You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.




    smisachu
    01-12 03:53 PM
    I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.

    Please advise if I-94 has to be renewed or am I good as my H1 is valid.
    Thanks




    quizzer
    10-11 12:43 PM
    Vic,

    when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?

    My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.

    All the best!!!

    Thanks



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