Adam
08-26 11:42 AM
I spent about 15 minutes the other night trying to make C3-PO smilie to go with :rd: I found it tough if you wanna give it a shot.
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jasmin45
05-14 08:40 PM
Here are the details.. you can determine if you fit in.
EB2 Eligibility :-
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.
Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
EB2 Eligibility :-
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.
Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
eb_retrogession
03-25 06:41 PM
I've sent this writer some facts and figures, and apprised him of our efforts as well. Hopefully he'll respond.
Thanks
Thanks
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rkiran
12-03 02:26 PM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
more...
tabletpc
10-17 02:14 PM
Surabhi,
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
go_guy123
08-23 06:02 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
more...
singhsa3
12-16 09:26 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
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yabadaba
06-22 11:27 AM
POLL: Where Will You File Your I-485
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ingegarcia
10-05 02:04 PM
I have some friends that won the lottery in January/06, enter to the USA got their EAD, SSN, and couple of months later they got their green card by mail.:D
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shortchanged
08-01 06:09 PM
Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best
Wish you all the best
more...
WeShallOvercome
07-24 07:26 PM
Hello,
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
You should be fine... at the most an RFE to clarify the confusion...
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
You should be fine... at the most an RFE to clarify the confusion...
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vandanaverdia
09-10 02:59 PM
Thanks drona for your support!
Fellow Washingtonians & Oregonians, please join in & support the cause....
Fellow Washingtonians & Oregonians, please join in & support the cause....
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vgc
07-26 10:37 AM
SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EMPLOYMENT-BASED VISAS.
(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as follows:
``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
At the appropriate place, insert the following:
SEC. __. EMPLOYMENT-BASED VISAS.
(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as follows:
``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
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gondalguru
06-20 12:14 AM
I am in the same boat. I have outlined my case in a similar thread posed today.
more...
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martinvisalaw
03-22 07:17 PM
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
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geevikram
04-30 09:44 AM
this is how cir will end..... with a procedural vote -
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
What does that mean?
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
What does that mean?
more...
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rogerdepena
08-01 10:45 PM
Are you generating the receipt numbers yourself ? :D
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
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jcrajput
06-09 11:03 AM
Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
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gk_2000
08-28 02:22 AM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
Maybe false hope for your situation, but for a lot of us it means getting freedom via ac21
Maybe false hope for your situation, but for a lot of us it means getting freedom via ac21
AjP
July 27th, 2005, 11:43 AM
Freddy slow down, I can do anything at work, was thinking work on it after I get home and you................ LOL great work!!!!!!!!!!!!!!!!!!!!!!
milind70
04-01 06:05 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
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