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  • sathweb
    01-21 02:30 PM
    Dear IV Friends,

    Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.

    Please help if someone has any idea about the time taken to withdraw a PERM application.

    Thank you,
    Ravi.



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    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.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





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  • snathan
    08-04 01:09 PM
    He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.

    NOT True.. they will give and come after you just to deny/revoke it.





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  • priderock
    06-20 05:44 PM
    its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.

    As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.

    There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:

    What blood tests need to be done (apart from HIV and Siphyllis)?





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  • copsmart
    12-28 06:34 PM
    I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

    My take:

    AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

    In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

    The above said information is purely based on my knowledge and may vary from an Attorney�s view.

    Good Luck!



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  • raysaikat
    02-16 09:32 AM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    Yes.

    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf

    This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.

    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".

    There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.

    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    This is the preferable option.

    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)
    [QUOTE=sa.node;2357341]

    I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.





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  • rick_rajvanshi
    07-26 03:38 PM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?


    Please give me some directions.



    Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.

    Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature

    If you want it quicker - just keep running along with your application at all stages. I got it done on the same day

    I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
    Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.



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  • webm
    12-17 02:35 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;
    .

    Well said..:D





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  • andy garcia
    10-19 10:03 AM
    I don't have an A#? Where can i find that.
    If you got EAD and AP. You must have filed a 485 also.
    Check there



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  • brij523
    03-01 07:32 AM
    Hi All,

    After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
    I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.

    Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.

    Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.

    Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.





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  • Anders �stberg
    July 18th, 2004, 12:04 PM
    Very interesting flower, great colors and shapes. I don't have a suggestion for the DOF problem, but I think this is a case where the flower is so unique I'm not thinking of the technicalities very much. I like the second picture, but it'd be great to pair it with an "overview" shot to understand how the whole flower/plant looks.

    Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p



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  • jonty_11
    05-22 10:45 AM
    I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.





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  • babydiams
    04-20 04:22 PM
    The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)

    USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    "Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."

    Thanks for the input



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  • boreal
    09-22 03:59 PM
    Hi PCS,
    I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?

    Thanks,
    pcbadgujar


    Oh God!! People can and will do anything to abuse Labor Substibution.





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  • jthomas
    05-06 01:53 AM
    If you think to consider option 4th

    As per AC-21 you can port to self employment. Creating a website, a business plan, can be done within few days and if you can prove that you were working on self employment then i think you should be okay. Ac-21 does mention they need same or similar job requirement and wages won't be a question.

    Let me know if you wish to try out this option. I can give you more suggestion. However i am not sure whether this will work or not.

    Maybe you can try telling the truth and see whether you can come out of this.



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  • delax
    07-19 05:44 PM
    Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS

    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!





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  • NikNikon
    August 14th, 2006, 10:52 PM
    Funny, I was just in my local camera shop last weekend and brought up the idea of upgrading my D70 to the new D80. The guy in the shop said there really wouldn't be much in the way of noticeable differences in what I have now and mentioned the D200 would be the better way to go, the list of reasons right now escapes me but I thought I'd just pass that info on.

    http://www.pricescan.com/digiphoto/items/item171696.asp

    If H1-B Renewal gets rejected, can apply for a H1-B transfer? [Archive] - Immigration Voice

    View Full Version : If H1-B Renewal gets rejected, can apply for a H1-B transfer?




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  • octoberbloom
    01-11 06:59 PM
    We are seeing several of these kind of posts these days. Many people come up with questions for using AC21.

    Joining an employer is not a overnight decision.
    You should wait with patience before taking these kind of decisions.
    It might ruin your whole GC process.
    Every single creature in this world cries and fights for its freedom.

    But, dont think of using AC21 unless you dont have an option to use it or in a situation of getting fired.
    Whole GC process is a test for patience. And we all can wih this GC one day.





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  • thakurrajiv
    01-22 02:10 PM
    Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.

    So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.

    Its same for every bank in India.

    This is an option. I did one more trick. Made big part payment and asked them to reduce my EMI. Now I have EMI of Rs. 1200 for next 13 months. No penalty.





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  • sw33t
    07-26 01:03 PM
    I am in!



    Anyone else?





    sk.aggarwal
    06-01 08:42 AM
    This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.





    wandmaker
    10-23 05:46 PM
    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.

    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.